Thread: Purgatory: Ferguson and its implications Board: Limbo / Ship of Fools.


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Posted by Golden Key (# 1468) on :
 
Well, the grand jury decided there wasn't enough evidence to proceed to trial.

This is a space to discuss all aspects of the case, public and personal reactions, whether possible civil disturbance should affect a grand juror's decision, etc.

What say you?

[ 02. November 2015, 08:56: Message edited by: Barnabas62 ]
 
Posted by Timothy the Obscure (# 292) on :
 
I'm appalled, but not surprised. It wasn't a normal grand jury process, and I think the prosecutor got exactly the results he wanted. American cops have a license to kill young black men.
 
Posted by Prester John (# 5502) on :
 
How are grand jury verdicts decided? Do they have to be unanimous or is it a majority vote? If it is the latter I would be very curious to know the racial breakdown of that vote.
 
Posted by Arethosemyfeet (# 17047) on :
 
quote:
Originally posted by Prester John:
How are grand jury verdicts decided? Do they have to be unanimous or is it a majority vote? If it is the latter I would be very curious to know the racial breakdown of that vote.

I'm told it need to be a majority (possibly 3/4 to indict) and the grand jury was 9 white to 3 black. I'm also told, however, that the jury is largely an irrelevance to a process led and controlled by the prosecutor - the prosecutor can get an indictment for pretty much anyone (proverbially up to and including a ham sandwich) but police officers are very rarely indicted.
 
Posted by orfeo (# 13878) on :
 
I'm less distrubed by the grand jury decision than by the general assumption that it must be wrong.

Killing and murder are regularly treated as synonyms. They're not.
 
Posted by Tukai (# 12960) on :
 
From the other side of the world this looks like a recipe for disaster.

To decide in an open court that the police officer is not guilty (or at least not proven beyond reasonable doubt to be guilty) is at least a transparent decision with reasons. To decide in a closed session that there is no case to answer on any charge whatsoever invites suspicion of a stitch up , especially in such a famous case.

Who is going to run a sweepstake on how many hours elapse before the next person is shot in that town as a consequence? The victim could be a another black civilian (my bet) or possibly given the awful state of gun law in America, a police officer and then a civilian.
 
Posted by Golden Key (# 1468) on :
 
orfeo--

I'm going to try to keep this short and simple. We've tangled on this sort of thing before, and I really don't want to again. So I'm just going to say this, and bow out of any further debate on this particular point.
[Angel]

I don't know what exactly happened, and whether or not the officer should've been brought to trial.

For hundreds of years, people of African ancestry have been treated horribly here. Some of the manifestations have changed, but it's still awful. And much of that involves bad encounters with law enforcement and the judicial system. Cases like this one happen frequently, AIUI, and aren't appropriately dealt with. So there are the horrors of each individual case, plus cumulative recent injustice, plus injustice going all the way back to slavery.

That's the context. That's why people are inclined to think this was wrongful killing and wrongly handled.

It may not make sense across the miles, but it's true.
 
Posted by orfeo (# 13878) on :
 
Oh, I know that's the reasoning. It's still a reasoning process that makes me deeply uncomfortable.

Let me say a few additional things:

First, it's perfectly possible that the decision MIGHT be wrong. But deciding that requires the ability to look at the evidence, in a fairly careful manner.

Second, I do think that decisions like this should be open to scrutiny and question. In that respect, trials are a lot better than grand juries. I won't claim to fully understand the grand jury system as there is no such thing here (or AFAIK anywhere besides the USA).

(2A) I will say, though, that it seems a bit odd to be talking about the jury as if it's somehow a rubber stamp for a decision not to prosecute, which some commentary is doing. As far as I can see, the purpose of a grand jury is to make a decision whether a prosecution can proceed, and that it's only relevant when someone does want to prosecute.

Third, this issue does not just arise in a racial context. I see it everywhere. I've seen it in my own city. There is a simple reasoning process that I see repeatedly: that someone died, and the death was tragic, so therefore the death must be someone's fault.

This reasoning process is rarely articulated, but it is present over and over again. "Fault" isn't even always criminal. Sometimes it's about suing. Just last week, our High Court decided a case where a mentally ill man killed his friend after being discharged from hospital, and the deceased's relatives were trying to sue the hospital. They lost. The hospital did not owe the kind of duty necessary for the suit to be successful.

It is entirely possible for someone to be responsible for a senseless, tragic death. But that responsibility requires proof. It is also entirely possible for a senseless, tragic death to occur for which no particular person is to blame, or for which the dead person is just as much to blame as anyone else. The reason I get so uncomfortable about these cases is that the latter possibilities never seem to be where the majority opinion ends up. The finger always points somewhere.

There is also the danger of confirmation bias: of noticing every time a white person kills a black person and "gets away with it" but not noticing (or not noticing as much) every time that (a) a white person kills a black person and doesn't get away with it, (b) a white person kills a white person, or a black person kills a black person, or (c) a black person kills a white person and "gets away with it".

[ 25. November 2014, 07:56: Message edited by: orfeo ]
 
Posted by Arethosemyfeet (# 17047) on :
 
quote:
Originally posted by orfeo:
I'm less distrubed by the grand jury decision than by the general assumption that it must be wrong.

Killing and murder are regularly treated as synonyms. They're not.

I would expect such a decision to be made in open court with the prosecutor doing their best to seek a conviction while the defence does their best to seek an acquittal. I find it very hard to believe that the case was so open and shut that there could be no charges - which is what the grand jury (or more realistically the prosecutor) has apparently decided. Given the prosecutor's strong ties to the police it is not out of line to suggest some degree of bias at play here.
 
Posted by orfeo (# 13878) on :
 
But how does a grand jury get to hear the case in the first place, if the prosecutor does not wish to prosecute?

That's what I'm struggling to understand. I'd appreciate someone explaining it for me.
 
Posted by Doc Tor (# 9748) on :
 
Because the DA's faking it. We in the UK have a long history of Public Inquiries which take years to come to the conclusion that what's plain as a pikestaff didn't actually happen, the police and the security services didn't through incompetence or deliberate action act against the public, government ministers knew nothing, and all those documents that ought to exist have mysteriously disappeared and well, who knows?

"See? I tried, but you the people didn't want the officer to be prosecuted. Now quit whining and burning shit down."
 
Posted by Schroedinger's cat (# 64) on :
 
I think the decision was wrong because, as I understand it, the Grand Jury is there to decide whether there is a case to answer. From what I have seen, there is a case to answer - which doesn't mean that the officer is guilty. It means that there is sufficient evidence to indicate he might be guilty.

Of course, I might be wrong on a) the US legal system and b) the situation.

The shooting of a 12YO for waving a toy gun around yesterday tells me that there is something very wrong there, and maybe an indictment would have signaled a change. As it is, it SEEMS like white officers can kill black youths without fear of recrimination. If that is my impression - right or wrong - then I am sure many others experience the same.

Impressions are not facts, But most people riot based on impressions and beliefs, not facts. Governments are brought down based more on belief than fact.
 
Posted by orfeo (# 13878) on :
 
quote:
Impressions are not facts, But most people riot based on impressions and beliefs, not facts. Governments are brought down based more on belief than fact.
This is true.

But this is also what shits me. Politics is largely a fact-free zone. I am naive and idealistic enough to hope that the court system still has an interest in facts. I am even naive and idealistic enough to believe that politics, and public debate in general, should be interested in facts, but I'm well aware that it usually isn't.

Because facts take time. And nobody has any.
 
Posted by Sipech (# 16870) on :
 
quote:
Originally posted by orfeo:
I'm less distrubed by the grand jury decision than by the general assumption that it must be wrong.

Killing and murder are regularly treated as synonyms. They're not.

Killing could be accidental. That could be incompetence on the part of a surgeon that results in a patient's death.

Murder is deliberate. An example would be aiming a firearm at an unarmed teenager and discharging the weapon half a dozen times. [Mad]
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by Sipech:
quote:
Originally posted by orfeo:
I'm less distrubed by the grand jury decision than by the general assumption that it must be wrong.

Killing and murder are regularly treated as synonyms. They're not.

Killing could be accidental. That could be incompetence on the part of a surgeon that results in a patient's death.

Murder is deliberate. An example would be aiming a firearm at an unarmed teenager and discharging the weapon half a dozen times. [Mad]

I have neither the time nor the energy to explain to you in detail why this reasoning is completely wrong. Suffice to say that it displays no concept of the need for particular forms of knowledge and/or intention nor the existence of defences that excuse a killing. Nor does it contain any acknowledgment that this unarmed teenager appears to have caused injuries, nor the conflicting evidence as to just what his movements were in the seconds before his death.

Sure, firing a weapon straight at an unarmed teenager who is just standing there is murder. But it is very rare for people to just stand there. Your unarmed teenager is a blank slate, a sitting target, not a person interacting with another person.

[ 25. November 2014, 10:29: Message edited by: orfeo ]
 
Posted by Horseman Bree (# 5290) on :
 
Everybody Knows
 
Posted by Boogie (# 13538) on :
 
I read this on a blog today -

"Our country is broken.

We cannot fix it by taking away military toys from the domestic police, as pundits suggest. We can only fix it through a deep and uncomfortable national conversation about the institutions of racial oppression that continue to cause unimaginable pain, tear communities apart and kill unarmed teenagers on the street."

Yep - when 67% of the population of a city is black yet most of the leaders and police are white this rings true [Frown]
 
Posted by Sioni Sais (# 5713) on :
 
quote:
Originally posted by Boogie:


Yep - when 67% of the population of a city is black yet most of the leaders and police are white this rings true [Frown]

Did I read this right? 67% of the population is black, yet 75% of the Grand Jury was white?

Irrespective of the legitimacy or even the relevance of Grand Juries (which sound a bit like our old Star Chamber) while I wouldn't expect precise proportionality, something close might persuade the policed that the police act impartially.
 
Posted by no prophet's flag is set so... (# 15560) on :
 
Group rights, grievances and history of maltreatment isn't answered nor addressed in a individualized system of justice.
 
Posted by Barnabas62 (# 9110) on :
 
Are the transcripts out, as promised? If so, are they available online?

I've got some suspicions, but I'm pretty much with orfeo about making a hasty judgment here. Apparently there will be a lot to wade through, so it might be hard to get some idea about how the specific processes were handled. But the result doesn't in itself prove bias.

To misquote Horseman Bree and Leonard Cohen, everybody doesn't know there was a fix in. I don't. At least not yet. That doesn't make me a cockeyed optimist either.
 
Posted by Moo (# 107) on :
 
Grand jury proceedings must remain confidential if anyone is indicted. However, if the jury returns a no bill, then the judge may release the record. That urgently needs to happen in this case.

The most-widely reported version of what happened is that Brown was shot when he was running away with his hands over his head. The policeman tells a very different story.

He says that he was driving his patrol car when he saw two men walking along in the middle of the street. He stopped his car and called out the window for them to get over to the sidewalk. One of them replied, "We're not going very far.", and they continued walking in the middle of the street.

The policeman started to open his car door and get out. Brown quickly moved next to the door so that it would not open. (Brown was 6'5" tall and weighed 289 pounds. He could easily prevent the opening of the car door. Brown then reached through the car window and punched the policeman at least once in the face. He then tried to take policeman's gun, which was in a holster. There was a struggle for the gun and two shots were fired. One lodged in the police car and the other went into Brown's hand.

Brown turned and started going away from the police car; the policeman got out of the car, and Brown turned and charged him. (Given the discrepancy in physical size, Brown could easily have overpowered the policeman and taken the gun.) The policeman started shooting.

There are several pieces of evidence that back up the policeman's story. Apparently the autopsy report shows that Brown was shot from the front and his hands were not above his head. Moreover, Brown's blood was found inside the police car, on the gun, and on the policeman's uniform. If it is true that Brown's blood was found inside the police car, this is strong evidence for the truth of the policeman's story.

It is vital that the judge release the grand jury report so that people can understand why they reached the decision they did.

I am not denying that police brutality against blacks happens. However, the fact that it happens does not mean that all allegations are true.

MOO
 
Posted by Penny S (# 14768) on :
 
In the comments under Cohen, it is stated that the prosecutor comes from a family of police, and his father, one of those policemen, was killed by an African-American.

It doesn't look as squeaky clean as it should, even if he bent over backwards to be unbiassed.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by no prophet's flag is set so...:
Group rights, grievances and history of maltreatment isn't answered nor addressed in a individualized system of justice.

This is very true. And in fact I'd go so far as to say trying to make the individualized system of justice address such things is fundamentally wrong. No individual policeman should be answerable for the ongoing story of poor treatment of African-Americans. Other methods need to be found to deal with it.
 
Posted by Schroedinger's cat (# 64) on :
 
Moo - that may be the case. I am not arguing that the policeman was definitively in the wrong. If there was a court case, and he was acquitted, I might disagree, but that would be acceptable.

What seems to be wrong is that the prosecutor felt there was sufficient evidence for a grand jury, but that there is apparently no case to answer. There is some evidence of wrongdoing, otherwise it would not have come to grand jury. But not enough to warrant a trial?

Given the sensitivity of the situation, which indicates that it is very hard to get a clear and defined truth, there seems like a good case to be answered as to what actually happened. The officer does appear to have a case to answer.
 
Posted by Beeswax Altar (# 11644) on :
 
quote:
originally posted by Sioni Sais:
Did I read this right? 67% of the population is black, yet 75% of the Grand Jury was white?

As of the last census, Ferguson was 67% African-American. The grand jury came from all over St. Louis County which is 73% white. So, the makeup of the grand jury reflected the demographics of St. Louis County.

quote:
originally posted by Penny S:
In the comments under Cohen, it is stated that the prosecutor comes from a family of police, and his father, one of those policemen, was killed by an African-American.

It doesn't look as squeaky clean as it should, even if he bent over backwards to be unbiassed.

The county attorney didn't present the evidence to the grand jury and he could have declined to prosecute based on lack of evidence. Instead, he county attorney presented all of the evidence to the grand jury. The grand jury made the decision not to indict. The prosecutors weren't in the room when the decision was made. Normally, grand juries indict but normally prosecutors only present cases to a grand jury they believe they can win at trial.

Had there been an indictment, Wilson would have been acquitted. When Wilson was acquitted, the same statements about the legitimacy of the process would have been made. What is happening now was going to happen eventually. We are just getting the outrage now rather than later.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by Schroedinger's cat:
Given the sensitivity of the situation, which indicates that it is very hard to get a clear and defined truth, there seems like a good case to be answered as to what actually happened. The officer does appear to have a case to answer.

I cannot see how the sensitivity of the situation has anything to do with the quality of the evidence. It has to do with demographics and identity.

The officer does not have a case to answer simply on the grounds of being an officer, and white. Nor does he have a case to answer just because of a perception of uncertainty. A trial is aimed at a criminal conviction. It is not a judicial inquiry for the purpose of general fact-finding. If there is sufficient evidence of self-defence such that it would not be possible to negate that evidence and therefore achieve a conviction, then isn't that enough to make a trial pointless?

We had the Trayvon Martin case. A decision not to prosecute was overturned. There was a trial. There was an acquittal. It doesn't seem to have made anyone any happier to have had a trial, nor does it seem that the trial and the evidence of self-defence that it included changed many people's minds.

[ 25. November 2014, 14:02: Message edited by: orfeo ]
 
Posted by jbohn (# 8753) on :
 
quote:
Originally posted by orfeo:
I'm less distrubed by the grand jury decision than by the general assumption that it must be wrong.

Killing and murder are regularly treated as synonyms. They're not.

This.

quote:
Originally posted by Golden Key:

For hundreds of years, people of African ancestry have been treated horribly here. Some of the manifestations have changed, but it's still awful. And much of that involves bad encounters with law enforcement and the judicial system. Cases like this one happen frequently, AIUI, and aren't appropriately dealt with. So there are the horrors of each individual case, plus cumulative recent injustice, plus injustice going all the way back to slavery.

That's the context. That's why people are inclined to think this was wrongful killing and wrongly handled.

Good context - but it doesn't change the simple fact that no one here, or in the vast majority of America (or anywhere else) knows exactly what happened that day. Nor have any of us seen all of the evidence.

We also live in a society where every young man killed by the police was "a good boy" or "was turning his life around", even when evidence to the contrary is clear as day. There's plenty of lying and plenty of mistrust on both sides of the issue.

quote:
Originally posted by Schroedinger's cat:
I think the decision was wrong because, as I understand it, the Grand Jury is there to decide whether there is a case to answer. From what I have seen, there is a case to answer - which doesn't mean that the officer is guilty. It means that there is sufficient evidence to indicate he might be guilty.

Without having seen all of the evidence, it appears the grand jury (who did) felt that no case to answer exists. As Orfeo pointed out above, killing does not necessarily equal murder; if the killing was justifiable under MO law, no case exists.

quote:
Originally posted by Moo:
It is vital that the judge release the grand jury report so that people can understand why they reached the decision they did.

I am not denying that police brutality against blacks happens. However, the fact that it happens does not mean that all allegations are true.

Exactly. All tigers are cats. Not all cats are tigers.

It seems to me the that reason the prosecutor handled this case in the way he did -- introducing far more evidence and testimony before the grand jury than is generally done -- was specifically to try and show that he wasn't covering up anything in an attempt to get the jury to return a no-bill. Completing that process requires release of the evidence to the public now that the proceedings have concluded.

For some folks, like those rioting and looting (sidebar - how stupid does one have to be to think that burning down the neighborhood one lives in will get them what they want?), it won't matter - their minds are made up, and they will do what they will do.
 
Posted by mousethief (# 953) on :
 
quote:
Originally posted by jbohn:
Good context - but it doesn't change the simple fact that no one here, or in the vast majority of America (or anywhere else) knows exactly what happened that day. Nor have any of us seen all of the evidence.

I'm given to understand that all the evidence presented in the case has been made public.

The problem is that no one tile in the mosaic is the pattern. But the problem is the pattern. The pattern says that cops kill black young men with impunity. And every time we see lack of punity, it reinforces our perception of the pattern.
 
Posted by no prophet's flag is set so... (# 15560) on :
 
quote:
Originally posted by orfeo:
quote:
Originally posted by no prophet's flag is set so...:
Group rights, grievances and history of maltreatment isn't answered nor addressed in a individualized system of justice.

This is very true. And in fact I'd go so far as to say trying to make the individualized system of justice address such things is fundamentally wrong. No individual policeman should be answerable for the ongoing story of poor treatment of African-Americans. Other methods need to be found to deal with it.
Isn't this the problem "Other methods need to be found to deal with it."? No one wants the group mediation, restoration of relationships/non-relationships and emotional defusing, that would require give and take on all sides. Truth and Reconciliation Commissions models look clumsy when I've seen them in operation (in Canada regarding Indian Residential Schools), but apparently they do much for the airing of group grievances. The history of race relationships seems to cast a very, very long shadow in the USA.
 
Posted by jbohn (# 8753) on :
 
quote:
Originally posted by mousethief:
I'm given to understand that all the evidence presented in the case has been made public.

I wasn't aware it had actually been released - the last reports I saw suggested that the court hadn't actually agreed to do so, despite McCullough's pronouncement at his press conference.

[ETA: just found them - they can be viewed here.]

quote:
Originally posted by mousethief:
The problem is that no one tile in the mosaic is the pattern. But the problem is the pattern. The pattern says that cops kill black young men with impunity. And every time we see lack of punity, it reinforces our perception of the pattern.

While I can appreciate your point here, the problem is that the law doesn't work that way - it handles the individual case, not the sum of all cases in aggregation.

[ 25. November 2014, 14:13: Message edited by: jbohn ]
 
Posted by Lamb Chopped (# 5528) on :
 
The whole point of a grand jury is to decide if there is sufficient evidence to warrant going to trial. Not to decide guilt or innocence, that is for a regular trial jury, assuming the grand jury decides there is actually a case to try. In this case they decided there wasn't.

Also, to the best of my knowledge this particular grand jury was not created with the goal of dealing with this one case. Rather they met to handle a whole slew of possible cases, and were unlucky enough to be still on the job when this particular bombshell fell into their laps. So their racial makeup was not finagled in any way relative to the Ferguson case.

St Louis county is a weird mix. It totally surrounds but does not include St Louis city, and it ranges from lily white in some parts to almost wholly black in other parts.
 
Posted by Mere Nick (# 11827) on :
 
quote:
Originally posted by jbohn:
how stupid does one have to be to think that burning down the neighborhood one lives in will get them what they want?

I wonder how many of the arsonists, looters and rioters actually live in Ferguson.
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by orfeo:
Third, this issue does not just arise in a racial context. I see it everywhere. I've seen it in my own city. There is a simple reasoning process that I see repeatedly: that someone died, and the death was tragic, so therefore the death must be someone's fault.

This reasoning process is rarely articulated, but it is present over and over again. "Fault" isn't even always criminal. Sometimes it's about suing. Just last week, our High Court decided a case where a mentally ill man killed his friend after being discharged from hospital, and the deceased's relatives were trying to sue the hospital. They lost. The hospital did not owe the kind of duty necessary for the suit to be successful.

It is entirely possible for someone to be responsible for a senseless, tragic death. But that responsibility requires proof. It is also entirely possible for a senseless, tragic death to occur for which no particular person is to blame, or for which the dead person is just as much to blame as anyone else. The reason I get so uncomfortable about these cases is that the latter possibilities never seem to be where the majority opinion ends up. The finger always points somewhere.

Or in shorter version: Why do these unarmed black men keep shooting themselves?

The usual standard for firearms training is that you don't point a gun at anything you don't want to shoot. I'm not sure exactly how you get to the idea that deliberately shooting someone six times at distance is one of those accidental things that just happen. Can you walk me through the logic there? I'm not necessarily saying that there's always criminal liability in such an act, but to paint it as an accident with no human actors or fault involved seems a huge stretch.

For those who want transcripts, they can be found here.. Darren Wilson's testimony (and it's unusual for the accused to testify before a grand jury) can be found in volume 5, starting on page 197. The interesting thing to me is Wilson claims to have been suspicious of Brown because his knowledge of an earlier robbery where cigarillos were stolen, yet prior statements by the Ferguson Police Department claimed Wilson did not know about that robbery. It's an interesting disparity.
 
Posted by jbohn (# 8753) on :
 
quote:
Originally posted by Mere Nick:
quote:
Originally posted by jbohn:
how stupid does one have to be to think that burning down the neighborhood one lives in will get them what they want?

I wonder how many of the arsonists, looters and rioters actually live in Ferguson.
Good question. But it's a pattern we've seen time and again - in Detroit, in Los Angeles, etc.
 
Posted by Moo (# 107) on :
 
quote:
Originally posted by Crœsos:
The interesting thing to me is Wilson claims to have been suspicious of Brown because his knowledge of an earlier robbery where cigarillos were stolen, yet prior statements by the Ferguson Police Department claimed Wilson did not know about that robbery. It's an interesting disparity.

He may have heard something on his police radio that was meant for another policeman. Here is a surveillance video of the convenience store robbery. This video makes me wonder just how gentle and harmless Brown was.

Moo
 
Posted by Lamb Chopped (# 5528) on :
 
A grand jury can interview pretty much anybody they damn well want to. And not being idiots, this one chose to hear from basically anybody with the slightest connection to the case. That would certainly include the accused.
 
Posted by Twilight (# 2832) on :
 
quote:
Originally posted by Schroedinger's cat:


The shooting of a 12YO for waving a toy gun around yesterday tells me that there is something very wrong there, and maybe an indictment would have signaled a change. As it is, it SEEMS like white officers can kill black youths without fear of recrimination.

Really? It seems to me that every time a white officer kills a black person there is all kinds of recrimination. I don't ever remember seeing rioting in the streets when a white or black officer killed a white youth.

This is only racial because people want to make it racial, claiming profiling and unfairness on racial lines when there is none. The young man in Ferguson was a bully. He demonstrated his attitude in the video from the convenience store earlier that day. Brazenly stealing what he wanted and then using his superior size to shove the store clerk aside without pausing on his way out. He then proceeded to walk down the middle of the street, refuse to walk on the sidewalk after the police had told him to, punch a policeman in the face and then try to take away his gun. If I, an old white woman, punched a police office in the face and tried to take his gun, he would shoot me and it would never make the news.

Why are most of the police in this largely black town mostly white? The police chief of this town has said he would love to hire more black officers but very many black men want to be policemen. Not enough qualify and apply for the positions. Why was the jury more white than black? That could be the way the jury was selected and it might reflect the number of registered voters in the area. In my town only registered voters are called to jury duty.

There is a tendency to blame someone when this sort of thing happens but in this case and in the case of the 12 year old brandishing what appeared to be a gun on a play ground and, again, refusing to obey police orders, I think the blame falls on the criminal victims and to some extent their parents.


We always see the parents in these cases screaming at the police, but when are they going to take a little responsibility themselves? Why did someone buy that 12 year-old a toy that looked like a real gun? Why haven't the parents taught their sons to obey the law, don't punch store owners and police, or, at the very least, teach them to put their hands up when the police tell them to?

If we start demanding that police allow violent members of the public to take their guns, or allow someone of any age to draw and aim (what appears to be a gun) at them, without defending either themselves, or the children on the playground, then no one will be willing to accept this thankless job.
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by Moo:
He may have heard something on his police radio that was meant for another policeman.

That was essentially his testimony before the grand jury, which begs the question of why the Ferguson Police Department made a point earlier of maintaining that Wilson knew nothing about the robbery. That statement was a few days after the shooting, so they certainly should have interviewed Wilson at that point. So why the information disconnect? Did Wilson say something different to his superiors than he did to the grand jury, or did he make the same statement but his superiors felt the need to alter it for public consumption?
 
Posted by Lamb Chopped (# 5528) on :
 
The jury was more white than black because it was chosen to reflect the composition of St. Louis County, in which jurisdiction Ferguson falls. It was not chosen with regards to this case, but long beforehand. The child with the fake gun was in another state, not in MO. And yes, there was fuckedupness going on, but not necessarily in the places most people imagine it to be.

I'm being dragged out the door by husband wanting to run errands--back in a bit.
 
Posted by Twilight (# 2832) on :
 
I just heard them say that of the 62 people arrested in Ferguson last night, 60 were from Ferguson.
 
Posted by no prophet's flag is set so... (# 15560) on :
 
quote:
Originally posted by Twilight:
]Really? It seems to me that every time a white officer kills a black person there is all kinds of recrimination. I don't ever remember seeing rioting in the streets when a white or black officer killed a white youth.

Which points to a good part of the issue being one of group relations with specific shootings or incidents only being a occurrence on the long path of troubles. I am reminded of the story Jared Diamond tells in one of his books about a child who darted out in front of a car in New Guinea and was killed. The fault was clearly the child's, but the resolution involved the families of the driver and child going to tribal-like mediation and exchange of information, emotions, food and money. None of it had anything to do with guilt or culpability. Rather restoration of relationship and prevention of violence between the groups, which in that case, like Ferguson case, didn't know each other before the incident.

How weird would it be to have the family of the deceased and some of their supporters, and the family of the officer and some of his supporters meet and talk? Apparently very very weird.
 
Posted by cliffdweller (# 13338) on :
 
quote:
Originally posted by jbohn:
quote:
Originally posted by Mere Nick:
quote:
Originally posted by jbohn:
how stupid does one have to be to think that burning down the neighborhood one lives in will get them what they want?

I wonder how many of the arsonists, looters and rioters actually live in Ferguson.
Good question. But it's a pattern we've seen time and again - in Detroit, in Los Angeles, etc.
I've lived thru two rounds of L.A. riots and the charge of "outside agitators" simply doesn't hold water. Similarly, I haven't seen any assessment of what happened last night of course, but in the early Ferguson unrest virtually all arrests of outsiders were of journalists-- including my son-in-law.

edit: see Twilight's post re last night's arrests.

[ 25. November 2014, 15:17: Message edited by: cliffdweller ]
 
Posted by jbohn (# 8753) on :
 
quote:
Originally posted by cliffdweller:
quote:
Originally posted by jbohn:
quote:
Originally posted by Mere Nick:
quote:
Originally posted by jbohn:
how stupid does one have to be to think that burning down the neighborhood one lives in will get them what they want?

I wonder how many of the arsonists, looters and rioters actually live in Ferguson.
Good question. But it's a pattern we've seen time and again - in Detroit, in Los Angeles, etc.
I've lived thru two rounds of L.A. riots and the charge of "outside agitators" simply doesn't hold water. Similarly, I haven't seen any assessment of what happened last night of course, but in the early Ferguson unrest virtually all arrests of outsiders were of journalists-- including my son-in-law.

edit: see Twilight's post re last night's arrests.

That's pretty much what I was getting at - in this individual case, it may involve outsiders (although, from Twilight's post, apparently not), but the general trend is local residents burning down their own neighborhood(s) to protest perceived injustice. Which makes about as much sense as showering in a raincoat.
 
Posted by Byron (# 15532) on :
 
OK, an independent panel of citizens heard all the evidence, and decided to no bill it.

Was no true bill the right decision? As I wasn't in the grand jury room, I can't know for sure, but it's certainly possible. Brown was a big guy who'd just committed a robbery. It's credible that the officer feared for his life.

The result? A night of arson, looting, and violence. Multiple gunshots fired, any one of which could've destroyed another life. Looks like the grand jury's gonna have a lot more work ahead of it.
 
Posted by Mere Nick (# 11827) on :
 
quote:
Originally posted by Twilight:
I just heard them say that of the 62 people arrested in Ferguson last night, 60 were from Ferguson.

Really from Ferguson or just folks saying they're from Ferguson?
 
Posted by no prophet's flag is set so... (# 15560) on :
 
Could this ever happen here?

quote:
how New Guineans resolve the death of a child who is killed in a traffic accident outside of a court system.

Within five days of the boy's death the family and the driver's employer had come to an agreement on how to make good through a compensation ceremony. The process included the employer and his staff participating in a formal mourning ceremony, giving the family food and a small amount of money to "say sorry".

"In traditional societies, such as New Guinea, the emphasis is not on punishment or deterrence, the emphasis is on emotional reconciliation,"

Is reconciliation and restorative justice simply out of the question?
 
Posted by jbohn (# 8753) on :
 
quote:
Originally posted by no prophet's flag is set so...:
Is reconciliation and restorative justice simply out of the question?

I don't know that it's even possible to begin a process with people willing to assault journalists and burn down businesses completely unrelated to what they're supposedly upset about.
 
Posted by Lamb Chopped (# 5528) on :
 
people, these are not a unit block. These are human beings. Some are fuckwits. Some are decent people. Some have been wronged. Some are wronging others. Trying to deal with a bunch of individuals as if they were all exactly the same is ... basically going to set us up for further problems.
 
Posted by Byron (# 15532) on :
 
quote:
Originally posted by jbohn:
quote:
Originally posted by no prophet's flag is set so...:
Is reconciliation and restorative justice simply out of the question?

I don't know that it's even possible to begin a process with people willing to assault journalists and burn down businesses completely unrelated to what they're supposedly upset about.
A good first step would be the media to stop calling the rioting "protests," and the end of excuse making articles like this.

The U.S. has yet to heal centuries of institutional racism, but healing won't start until all citizens are treated with the dignity of high expectations. Making excuses for arson and violence infantilizes. It is, in its own way, deeply racist.
 
Posted by Lamb Chopped (# 5528) on :
 
Look, I'll tell you what I saw (via Twitter etc.) last night while my family was sleeping.

I focused on two areas, Ferguson itself (where I may be taking classes soon) and the Shaw neighborhood, where I once lived and where our ministry has centered for the past 25 years.

In Ferguson, everything seems to have gone bad very quickly. Gunshots, fires, outright nasty crap including people losing their small businesses altogether.

In Shaw, things didn't seem to go to hell until the police for whatever God-only-knows reason began acting in really bizarre ways. (Possibly due to fear that it was all going to tip over into Ferguson-style violence, but still.)

Shaw/South Grand is a different neighborhood and the protesters there seem to have been a very different lot. For one thing, you've got a major university (St. Louis U) on that street, and a medical school and a couple schools of nursing etc. You've also got a very very multi-ethnic population, predominantly black and white, but with sizable populations of every immigrant group since the Vietnamese boat people, all living within a stone's throw of Grand. So: Vietnamese, Cambodians, Somali, Rwandans, Burundi, Bosnians (a big one), etc. etc. etc.

It's also an area that has undergone major revival (not quite gentrification, more internationalization and revitalization).

So who was at the protests there? It seemed to me to be people who were much more set on peaceful protest. People chanting, carrying signs etc, marching, and taking periodic breaks in the coffee shop, church, etc. I believe there was one idiot fairly early who tossed a trashcan through a business window, but that was unusual and surprising. Until for some freakin' reason I haven't figured out yet, the tear gas started flying. WTF?

What violence I could pick up on (property damage, mainly windows) seems to me to have started AFTER that and in response to that.

And it wasn't helped by some idiot's decision to tear gas a couple of designated safe places filled with people, including a coffee shop and a church. Which were of course filled with people, many of them student types, all madly twittering away on their i-phones. And taking photos and video. Can you say "public relations disaster"?

I swear, I was SO tempted to go down and join in the protests after that shit happened, and I am a cold-blooded analytical type who is far more inclined to accept the grand jury's decision than to question it when I haven't heard the evidence and they have. And I wanted to get my butt down there and join in. Because that kind of shit shouldn't be happening.

WHAT WERE THEY THINKING????

And I'm pissed off because it is in some sense MY neighborhood, and because they (someone) mishandled the response, what was originally peaceful if vigorous went to shit.

I am so pissed off.

ETA: Byron, I am this close to calling you to hell. Please reconsider your tone when speaking about this highly complex and emotionally charged situation.

[ 25. November 2014, 16:25: Message edited by: Lamb Chopped ]
 
Posted by Kwesi (# 10274) on :
 
Would it have been reasonable for a black cop in the same situation to think his life was threatened?
 
Posted by Barnabas62 (# 9110) on :
 
The two autopsy reports seem to confirm that Michael Brown was not in a "hands up I surrender" pose when the fatal shots hit him. The video Moo linked appears to shows Michael Brown as both very large and intimidating. Like Croesos I'm a bit puzzled by the discrepancy over knowledge of the theft. I read Officer Wilson's testimony. It felt a bit rehearsed but the detailed description of Michael Brown's behaviour seemed pretty consistent with both the autopsy findings and the behaviour we saw briefly in the video.

The impression of an Officer overawed, surprised by initial aggression, and a bit out of his depth seems pretty consistent with his levels of experience, particularly in the use of firearms in real conflict. It is a little puzzling that he pursued Michael Brown rather than wait for the backup he requested, but maybe he felt he had regained some measure of control. Then got surprised again by a further aggressive move towards him. A contrived testimony? I didn't form that impression.

I think he could legitimately have said nothing, reserved his defence, in case he was indicted. Not quite sure what to make of that. At any rate, he seems to have been, substantially, believed by the Grand Jury. I haven't read anything yet which suggests that is unreasonable.

But that's just a bit of skimming, really.
 
Posted by Byron (# 15532) on :
 
quote:
Originally posted by Lamb Chopped:
ETA: Byron, I am this close to calling you to hell. Please reconsider your tone when speaking about this highly complex and emotionally charged situation.

OK, I apologize for the posts not being more nuanced.

I don't for a second deny or downplay the history of white supremacy or its ongoing effects, first and foremost the appalling numbers in prison.

I feel so strongly about the issues I raised precisely because they're a roadblock to finally confronting and beginning to heal it.
 
Posted by Byron (# 15532) on :
 
quote:
Originally posted by Barnabas62:
The two autopsy reports seem to confirm that Michael Brown was not in a "hands up I surrender" pose when the fatal shots hit him. The video Moo linked appears to shows Michael Brown as both very large and intimidating. Like Croesos I'm a bit puzzled by the discrepancy over knowledge of the theft. I read Officer Wilson's testimony. It felt a bit rehearsed but the detailed description of Michael Brown's behaviour seemed pretty consistent with both the autopsy findings and the behaviour we saw briefly in the video.

The impression of an Officer overawed, surprised by initial aggression, and a bit out of his depth seems pretty consistent with his levels of experience, particularly in the use of firearms in real conflict. It is a little puzzling that he pursued Michael Brown rather than wait for the backup he requested, but maybe he felt he had regained some measure of control. Then got surprised again by a further aggressive move towards him. A contrived testimony? I didn't form that impression.

I think he could legitimately have said nothing, reserved his defence, in case he was indicted. Not quite sure what to make of that. At any rate, he seems to have been, substantially, believed by the Grand Jury. I haven't read anything yet which suggests that is unreasonable.

But that's just a bit of skimming, really.

This is pretty much my impression, from the available evidence.

The grand jury must decide if there's probable cause to indict and a realistic prospect of a conviction. They heard the officer's testimony, and will have a good idea how it'd play at trial. If they didn't believe there was any realistic chance of a unanimous jury finding the officer guilty, they swore an oath to no bill it.

It's important to note that, in an adversarial system, trials aren't a truth seeking exercise. They're an opportunity for the person accused to rebut a prosecutor's case. A person shouldn't be put on trial if there's not a case to answer.
 
Posted by jbohn (# 8753) on :
 
quote:
Originally posted by Lamb Chopped:
people, these are not a unit block. These are human beings. Some are fuckwits. Some are decent people. Some have been wronged. Some are wronging others. Trying to deal with a bunch of individuals as if they were all exactly the same is ... basically going to set us up for further problems.

True, as far as it goes. But unless and until the "moderate" folks in the crowd are willing to stand up to the ones doing the looting and burning, the reality is that no real discussion can take place amidst the ongoing violence.

You can't negotiate with the whole community en masse, so some representatives will need to be found. How? Who decides? The devil, as always, is in these little details.

quote:
Originally posted by Byron:
A good first step would be the media to stop calling the rioting "protests"

Some folks are protesting. Others are rioting. It gets complicated by the fact that they're doing it at the same time, in the same space. The media does a horseshit job of differentiating the two. Which makes sense if one thinks about their aim - ratings.

quote:
Originally posted by Byron:
The U.S. has yet to heal centuries of institutional racism, but healing won't start until all citizens are treated with the dignity of high expectations. Making excuses for arson and violence infantilizes. It is, in its own way, deeply racist.

This I generally agree with - but there's more to it than that, I think. We do need to genuinely deal with the fact that people have been mistreated, and that some still are. We also need to deal with the fact that the violence being seen here will get the perpetrators precisely nowhere - violence isn't a given, it's a choice, and treating people as if they can't possibly do anything else is ridiculous.

[ETA - crossposted with several others]

[ 25. November 2014, 16:41: Message edited by: jbohn ]
 
Posted by Lamb Chopped (# 5528) on :
 
quote:
Originally posted by Byron:
quote:
Originally posted by Lamb Chopped:
ETA: Byron, I am this close to calling you to hell. Please reconsider your tone when speaking about this highly complex and emotionally charged situation.

OK, I apologize for the posts not being more nuanced.

I don't for a second deny or downplay the history of white supremacy or its ongoing effects, first and foremost the appalling numbers in prison.

I feel so strongly about the issues I raised precisely because they're a roadblock to finally confronting and beginning to heal it.

Thank you. I doubt any non-idiot would deny that there are ongoing effects from racism--that's pretty much a given here--but the individual reasons for people joining these particular protests, as well as the kind of protesting they do, will vary greatly.

And some will be ethically and morally responsible, and some will be the reverse.
 
Posted by Byron (# 15532) on :
 
quote:
Originally posted by jbohn:
Some folks are protesting. Others are rioting. It gets complicated by the fact that they're doing it at the same time, in the same space. The media does a horseshit job of differentiating the two. Which makes sense if one thinks about their aim - ratings.

Yup, exactly, you put it a lot better than me, thanks. [Smile]
quote:
This I generally agree with - but there's more to it than that, I think. We do need to genuinely deal with the fact that people have been mistreated, and that some still are. We also need to deal with the fact that the violence being seen here will get the perpetrators precisely nowhere - violence isn't a given, it's a choice, and treating people as if they can't possibly do anything else is ridiculous.
Again, my point worded better. Thanks. [Smile]

I agree that we've yet to confront the legacy of slavery and white supremacy. Behind the material effects are the cultural ones. Thousands of Americans play dressup as Confederate soldiers. Slaveholders amongst the founders are venerated. A war to enslave people on the basis of their skin pigment is treated as a fight for states' rights.

How this is ever gonna change, I don't know, but it's gotta.
 
Posted by Enoch (# 14322) on :
 
quote:
Originally posted by Byron:
A good first step would be the media to stop calling the rioting "protests," and the end of excuse making articles like this. ...

Can I apologise and say that I feel ashamed by that article. A headline in a newspaper that starts off,
quote:
Obama failed Ferguson.
is self evidently rubbish. Whatever happened in an obscure industrial suburb of a not particularly well known town in the Mid-West on 9th August 2014, anyone who says this is the President's personal fault and responsibility is taking a felt pen and writing 'I am a tw*t' across his own forehead.

What makes me ashamed about this though, is that I am British and this has appeared on the website of a British newspaper, i.e. several thousand miles away and on the opposite side of the Atlantic. I don't know who Steven W Thrasher is. I've never heard of him before. But who is he, and what likelihood is there that any newspaper here has got the credentials to say anything useful or worth reading about this particular row?

The riots in Ferguson managed to make the 1 'o' clock news on the BBC today. I'd be very surprised if our Bristol Tesco Riots in April 2011 made the news in St Louis Missouri.
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by Barnabas62:
I read Officer Wilson's testimony. It felt a bit rehearsed but the detailed description of Michael Brown's behaviour seemed pretty consistent with both the autopsy findings and the behaviour we saw briefly in the video.

. . . A contrived testimony? I didn't form that impression.

It felt a bit contrived to me, especially the way Wilson kept coming back to his own state of mind, which would have been a hugely relevant factor under had charges been laid. Wilson is almost the textbook example of a self-interested witness so some of that may be unavoidable.
 
Posted by Al Eluia (# 864) on :
 
quote:
Originally posted by Sioni Sais:
quote:
Originally posted by Boogie:


Yep - when 67% of the population of a city is black yet most of the leaders and police are white this rings true [Frown]

Did I read this right? 67% of the population is black, yet 75% of the Grand Jury was white?

Irrespective of the legitimacy or even the relevance of Grand Juries (which sound a bit like our old Star Chamber) while I wouldn't expect precise proportionality, something close might persuade the policed that the police act impartially.

It also doesn't help that out of 50+ officers with the Ferguson Police Department, I think 3 are black.
 
Posted by Byron (# 15532) on :
 
I'm sure the officer went through it prior to entering the grand jury room, but cops are trained to think analytically and have situational awareness, it could just be that.

Even if it was "contrived," the grand jurors will have asked themselves "is there any chance that 12 trial jurors will vote to convict"? If not, there's no true bill.

Neither is a true bill a foregone conclusion. It varies by state. Some have introduced safeguards like banning hearsay testimony and giving the person accused the right to testify before the grand jury with counsel present. Some ham sandwiches live to see another day.
 
Posted by Lamb Chopped (# 5528) on :
 
I had someone point out to me last night that one problem with having black officers in a small town like Ferguson is that they are very much in demand, and larger cities with larger budgets may hire them away. Which seems likely to me.

There are also likely to be cultural/educational problems recruiting new black officers. Mr Lamb was part of last night's discussion and I asked him about the vexed problem of recruiting Vietnamese officers in places with large Vietnamese immigrant populations. He threw up both hands and said, "Oh, nobody wants to be become a Vietnamese police officer, because the moment you do, the whole Vietnamese community will start calling you for help at all hours of the day and night--and they know where you live."

Come to think of it, this is precisely what happened when we started ministry among the Vietnamese of St. Louis. I know for a fact that it scared off at least one other potential pastor. I could easily see it being a "don't go there" issue for any ethnic person considering job choices. (I kid you not, if they can't find your phone number they will come and knock on your freaking door at 3 a.m. And if you're police, you HAVE to live in the community.)

This was also why I refrained from becoming a notary public. It's a far more minor role, but still I couldn't face the pressure I'd get from community members begging, pleading me to cut ethical corners "for good reason, help my son/daughter/etc!" and bringing out the heavy duty emotional guns to force me into it. Better to stay unqualified. And I have.
 
Posted by Barnabas62 (# 9110) on :
 
I'm not sure I'd blame anyone for having some measure of self interest in those circumstances. Complete objectivity when the possibility of indictment is in the air seems to me to be pretty much beyond any of us.

Maybe there isn't a lot of difference between my "rehearsed" and Croesos' "contrived"? I'm absolutely sure he'd been rehearsed and would have an understanding of the dangers to himself.

We weren't there of course, but the key questions of how credible he was and how consistent his testimony was with other evidence seem to have got a "sufficiently so" from the Grand Jury. The fact that the autopsies contradicted any claims that Brown was in a surrender posture seems likely to have carried a fair bit of weight as well.

I'm not sure whether his testimony was a considered move or a bit of a gamble. At any rate, it seems to have paid off.

As a matter of US law, following this particular finding, is there any possibility of a second Grand Jury hearing in the light of fresh evidence? Or is that it, so far as Officer Wilson is concerned?

[ 25. November 2014, 17:48: Message edited by: Barnabas62 ]
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by Barnabas62:
As a matter of US law, following this particular finding, is there any possibility of a second Grand Jury hearing in the light of fresh evidence? Or is that it, so far as Officer Wilson is concerned?

There is an ongoing federal investigation as to whether Officer Wilson violated Michael Brown's civil rights. This goes back to battles over segregation where state prosecutors often didn't charge and state juries never convicted Klansmen. Separate charges in federal court were a way to serve justice against those untouchable within the state criminal system.

There's also the possibility of Officer Wilson being sued in civil court by Michael Brown's surviving family. A similar tactic was used against O.J. Simpson by the Brown (no relation) and Goldman families. In Wilson's case this seems unlikely due to the qualified immunity extended to law officers, rendering them not liable to civil judgement for actions carried out in the official performance of their duties.
 
Posted by jbohn (# 8753) on :
 
quote:
Originally posted by Barnabas62:
As a matter of US law, following this particular finding, is there any possibility of a second Grand Jury hearing in the light of fresh evidence? Or is that it, so far as Officer Wilson is concerned?

As I understand it, no charges were filed, so no jeopardy attaches - it should, theoretically, be able to be reopened at a late date, if fresh evidence were found. IANAL, however.
 
Posted by Barnabas62 (# 9110) on :
 
quote:
Originally posted by Crœsos:
quote:
Originally posted by Barnabas62:
As a matter of US law, following this particular finding, is there any possibility of a second Grand Jury hearing in the light of fresh evidence? Or is that it, so far as Officer Wilson is concerned?

There is an ongoing federal investigation as to whether Officer Wilson violated Michael Brown's civil rights. This goes back to battles over segregation where state prosecutors often didn't charge and state juries never convicted Klansmen. Separate charges in federal court were a way to serve justice against those untouchable within the state criminal system.

There's also the possibility of Officer Wilson being sued in civil court by Michael Brown's surviving family. A similar tactic was used against O.J. Simpson by the Brown (no relation) and Goldman families. In Wilson's case this seems unlikely due to the qualified immunity extended to law officers, rendering them not liable to civil judgement for actions carried out in the official performance of their duties.

Thanks, that's very illuminating.

In view of the federal investigation, which can presumably take into account any grand jury testimony, it seems even more surprising that Officer Wilson testified. I should think that testimony is being gone over with a fine tooth comb. Particularly given the latest reactions to the grand jury finding.

Wonder how much of that was taken into account in the preparation?
 
Posted by Byron (# 15532) on :
 
Could just be a calculated risk. Federal charges would need to prove he targeted Brown due to his race, a high burden. There's also various grand jury immunity protections, which may or may not apply.

As for refilling, it'll depend on Missouri law. Many states allow it, with or without fresh evidence. As the grand jury hearing was so thorough, I doubt it'll happen. I hope the transcripts get released quickly.
 
Posted by Beeswax Altar (# 11644) on :
 
I'm 95% certain that the feds. won't prosecute Wilson on civil rights charges. Off the record sources have already said there isn't yet enough evidence for a federal case. The FBI already has all the evidence presented to the grand jury. I believe they found some of the witnesses. Holder has said he will release the results of the investigation prior to leaving office and he's already resigned. I doubt he would wait until the last minute and spring that on his predecessor. I could be wrong.

Now, the federal investigation in the Ferguson Police Department may go somewhere. I haven't really looked into the accusations. I've only heard the one side claiming wide spread abuse by police.

I think the big problem in St. Louis County appears to be too many small towns and not enough tax dollars. Rather than cut expenses or consolidate, they attempt raise revenue by draconian enforcement of city ordinances and traffic laws. For those with money, this is just a nuisance. For those with very little money, it can be oppressive.
 
Posted by jbohn (# 8753) on :
 
quote:
Originally posted by Byron:
I hope the transcripts get released quickly.

They're available here.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by Crœsos:
quote:
Originally posted by orfeo:
Third, this issue does not just arise in a racial context. I see it everywhere. I've seen it in my own city. There is a simple reasoning process that I see repeatedly: that someone died, and the death was tragic, so therefore the death must be someone's fault.

This reasoning process is rarely articulated, but it is present over and over again. "Fault" isn't even always criminal. Sometimes it's about suing. Just last week, our High Court decided a case where a mentally ill man killed his friend after being discharged from hospital, and the deceased's relatives were trying to sue the hospital. They lost. The hospital did not owe the kind of duty necessary for the suit to be successful.

It is entirely possible for someone to be responsible for a senseless, tragic death. But that responsibility requires proof. It is also entirely possible for a senseless, tragic death to occur for which no particular person is to blame, or for which the dead person is just as much to blame as anyone else. The reason I get so uncomfortable about these cases is that the latter possibilities never seem to be where the majority opinion ends up. The finger always points somewhere.

Or in shorter version: Why do these unarmed black men keep shooting themselves?

The usual standard for firearms training is that you don't point a gun at anything you don't want to shoot. I'm not sure exactly how you get to the idea that deliberately shooting someone six times at distance is one of those accidental things that just happen. Can you walk me through the logic there? I'm not necessarily saying that there's always criminal liability in such an act, but to paint it as an accident with no human actors or fault involved seems a huge stretch.

I didn't use the word "accident". I'm not going to walk through logic towards a conclusion I didn't actually make.
 
Posted by Lawrence (# 4913) on :
 
First, there is a problem in the US with young black men getting shot by police. There is a problem in the US with young black men shooting each other. We need to address these problems urgently. Hopefully, the turmoil of Ferguson will convince us to do that.

I was skeptical of the Grand Jury process but I accept their verdict and the county prosecutor did a good job in presenting the results. He spoke for 45 minutes, including questions from the press. He explained the process. He released the evidence immediately upon conclusion of his speech. There is some question about the legality of releasing Grand Jury testimony but he used the Mo Sunshine Law to indicate a requirement to release it. There is a lot of testimony from witnesses who we were not aware existed. They supported the view that Michael Brown charged the officer twice, with the officer firing each time Brown charged. These witnesses were black. There was an audio recording of those shots that supported that version of events. The officer was aware of the store theft and was aware that Brown matched the description. The prosecutor indicated that he questioned the reliability of the Officer's statement simply on the basis that any accused has a self interest in what they say. I also got the impression that he did not present the evidence, his assistant prosecutors did. He knew he was suspect and a lightening rod and I think he sought to distance himself to keep from suggesting he was influencing the grand jury.

I live in St. Louis. The pain of watching parts of it burn down is awful. There is great pain in the african american community herethat is real and understandable and, for some, is out of control now. (I am white, middle aged and middle class).

In the end though, the officer, however poorly trained, must be judged by the law and can not be used to pay for the sins of our society but it is time we started doing something about it. I accept the grand jury's decision, I do not accept the state of our county, our state and our country. Ferguson is becoming the USA's "arab spring" and we better get ahead of it or we can end up in deep trouble like some of those arab countries.
 
Posted by no prophet's flag is set so... (# 15560) on :
 
quote:
Originally posted by Lawrence:
First, [....]

No, don't think so. First, there is a historical race relations problem in the USA, unresolved and festering, casting a shadow even on the ship, where we have a thread reviewing your current president in the context of his race, jokingly (I think) referred to as Hawaiian in the OP. In which specific issues like the Ferguson shooting, Florida shooting, Rodney King verdict, school and bus integration, and many others, are stopping points on the time line.

Can it really be forgotten that slavery and post-slavery racism are the roots of this all? And that it all casts the largest shadow?
 
Posted by Byron (# 15532) on :
 
Thanks very much for that summary, Lawrence, and for the link, jbohn.

I hope this version of events can be disseminated, and cool things down in Ferguson, not least so the peaceful protesters (who I should've given more emphasis to earlier) can make their voices heard.
 
Posted by Byron (# 15532) on :
 
quote:
Originally posted by no prophet's flag is set so...:
[...] Can it really be forgotten that slavery and post-slavery racism are the roots of this all? And that it all casts the largest shadow?

I'm fast coming around to the view that some kind of reparations should be attempted. I know how wicked hard it'd be to decide how it's allocated and spent, but things can't go on as they are.

A good start, right now, would be to get slaveholders off the currency. That'd carry symbolic weight and perhaps help drive things forward.
 
Posted by Gramps49 (# 16378) on :
 
I heard a couple of panels of lawyers who have given at least a quick review of the transcripts.

Both panels concluded that the prosecutor got what he wanted--no bill. The prosecutor acted very much like a defense attorney in presenting the evidence.

Grand juries are actually designed not to find guilt but to prevent prosecutorial overreach. They are to look at the evidence the prosecution has to determine if the prosecutor can go forward with an indictment.

When the prosecutor does not want to indict it is easy for him to literally blow holes (sorry for the pun) in the case.

While Ferguson is 67% black it does not follow that a grand jury will have the same proportion of black people on the panel. The grand jury is a body of people at the county level, not at the township level. The panel is drawn from people who have drivers licenses or are registered to vote. Quite a number of minority people do not have driver's licenses and quite a number of minority people are not registered to vote. While the city of Ferguson, and even the city of St Louis, have majority black residents, St Louis County is quite white. For these reasons, it is not so unusual for a grand jury to be weighed rather heavily on the white side.

This particular grand jury was empaneled on May of this year. Normally it would serve for 12 months.
Often times a grand jury will take about one or two hours to review a prosecutor's case. This case took two months to review. It was given an information overload. The two lawyer panels that reviewed what was released said the prosecutor made no effort to try to make sense of all the data for the grand jury. My sense is that they were just so overwhelmed by what they had they just punted

Usually it takes 9 out of 12 grand jury members to hand down an indictment. While we don't know the votes on each of the charges, when you have nine whites and three blacks on a Southern Jury (make not mistake, Missouri is a Southern State), you can pretty well guess who voted to indict and whole likely voted for a no bill.
 
Posted by Byron (# 15532) on :
 
Gramps49, we've got no reason to assume the grand jury split along racial lines. We don't even know if its decision was unanimous or by majority.

As for whether the prosecutor threw the case, I don't see how that can be inferred from the number of witnesses. If he'd excluded witnesses, he'd have been denounced for withholding evidence. Or Missouri may require all available evidence to be presented to the grand jury.
 
Posted by Lamb Chopped (# 5528) on :
 
The grand jury can request to see anybody they damn well like. AFAIK the prosecutor has nothing to say to it. He is not their boss. As for information overload, you make it sound like he did that to them on purpose. From what I hear, they chose to hear this much information by themselves, not at anybody's request. They run their own show. And if they've been together since May, they should be working like a pretty well oiled machine by now.

[ 25. November 2014, 23:02: Message edited by: Lamb Chopped ]
 
Posted by The Silent Acolyte (# 1158) on :
 
quote:
Originally posted by Gramps49:
Grand juries are actually designed not to find guilt but to prevent prosecutorial overreach. They are to look at the evidence the prosecution has to determine if the prosecutor can go forward with an indictment.

Designed as such.

And, in actual practice, employed as prosecutorial submissive rubber stamps throughout the land.
 
Posted by Gramps49 (# 16378) on :
 
Again, we are talking about a Southern jury. The mire fact that you have 9 whites and 3 blacks on the panel you will have a jury split along racial lines.

While a Grand Jury can request other witnesses it cannot hear opposing views. It hears only what the prosecutor wants them to hear.

Missouri--or for that matter, any other state--does not require a prosecutor to present all the evidence. He only has to present the evidence he thinks will lead to an indictment. It is at a general trial that the defense can present the counter evidence.

When a prosecutor does not want to indict, he has no reason to present evidence leading to probability of guilt.

[ 25. November 2014, 23:09: Message edited by: Gramps49 ]
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by Lamb Chopped:
From what I hear, they chose to hear this much information by themselves, not at anybody's request.

Where did you hear that?

A contrary view:

quote:
But the goal of criminal law is to be fair — to treat similarly situated people similarly — as well as to reach just results. McCulloch gave Wilson’s case special treatment. He turned it over to the grand jury, a rarity itself, and then used the investigation as a document dump, an approach that is virtually without precedent in the law of Missouri or anywhere else. Buried underneath every scrap of evidence McCulloch could find, the grand jury threw up its hands and said that a crime could not be proved. This is the opposite of the customary ham-sandwich approach, in which the jurors are explicitly steered to the prosecutor’s preferred conclusion. Some might suggest that all cases should be treated the way McCulloch handled Wilson before the grand jury, with a full-fledged mini-trial of all the incriminating and exculpatory evidence presented at this preliminary stage. Of course, the cost of such an approach, in both time and money, would be prohibitive, and there is no guarantee that the ultimate resolutions of most cases would be any more just. In any event, reserving this kind of special treatment for white police officers charged with killing black suspects cannot be an appropriate resolution.

 
Posted by Lamb Chopped (# 5528) on :
 
Bullshit. MO is a state on the bridge between North and South. I live here, and things do NOT automatically divide on racist lines. Or did you miss all those white and Asian protesters out last night?

As for what you're saying about grand juries being under the thumb of the prosecutor, let's see a link or three. That is not what my reading has told me at all.
 
Posted by ldjjd (# 17390) on :
 
I find it interesting that Officer Wilson has all along been characterized as intimidated by a towering hulk in Michael Brown.

Here are the numbers:
Wilson - 6'4" - 210 lbs.
Brown - 6'5" - 280 lbs.

To me this seems like a fit football player versus an obese or at least very flabby young man. I'd certainly be much more intimidated by the former, and I'd give him almost any odds in a fight between the two.

[ 25. November 2014, 23:19: Message edited by: ldjjd ]
 
Posted by malik3000 (# 11437) on :
 
This all simply demonstrates that when it is said that there is no justice for young Black men, this is not hyperbole, it is cold fact. Ahmadou Diallo, Trayvon Martin, the list keeps growing and growing, year after year, decade after decade, century after century.

It's a grim reality African-American families with sons have to deal with. Frankly, European-American families that haven't been in this situation don't have the capability to produce a qualified opinion on this subject.

Hell, Black lives altogether simply don't matter. Here in Atlanta, a lady in her late 90's was shot and killed by cops in the course of a raid trying to nab a drug dealer. (and no, she wasn't a drug dealer)

The real solution after the murder of Michael Brown would have been the immediate disbandment of the police force and indeed of the whole rotten Ferguson city government. But I realize that this would not be legally possible. But until it is realized that the main issue is not the violent reaction but rather the profound disrespect of Black people by a whole racism-poisoned system

Some call the reaction protests, some call them a riot, and some might call it an uprising.

-----------------------------------------------
*I'm not especially singling out the USA in this case -- I'm not saying this phenomenon doesn't manifest elsewhere. But this case has taken place in the US

[ 25. November 2014, 23:27: Message edited by: malik3000 ]
 
Posted by Byron (# 15532) on :
 
The "grand jury = rubber stamp" assumption's overplayed. As a NY prosecutor notes, in his county, the grand jury dismisses seven percent of indictments for lack of reasonable cause.
 
Posted by Byron (# 15532) on :
 
quote:
Originally posted by malik3000:
... Trayvon Martin, ...

In response to protests, the original decision not to proceed was overturned, the local grand jury bypassed, and the case aggressively prosecuted at trial. After all that, a jury acquitted. What more could've been done?
 
Posted by ldjjd (# 17390) on :
 
Here's how Officer Wilson grossly mischaracterized
the size differential:

"The only way I can describe it is I felt like a 5-year-old holding on to Hulk Hogan."

I see nothing in the respective physical attributes cited above that justifies such a description. It sounds to me like a very clever exculpatory statement - the kind of thing dreamed up by skilled attorneys and rehearsed with their clients.
 
Posted by Barnabas62 (# 9110) on :
 
The facts of the shooting clearly don't matter nearly as much as the fact of the shooting.

And that is tragic.
 
Posted by Barnabas62 (# 9110) on :
 
quote:
Originally posted by ldjjd:
Here's how Officer Wilson grossly mischaracterized
the size differential:

"The only way I can describe it is I felt like a 5-year-old holding on to Hulk Hogan."

I see nothing in the respective physical attributes cited above that justifies such a description. It sounds to me like a very clever exculpatory statement - the kind of thing dreamed up by skilled attorneys and rehearsed with their clients.

A 70 lb weight difference isn't a small factor, but I agree it doesn't really justify the "5 year old" comment. Mind you, the officer was sitting in the car during the first confrontation.

But maybe more significant is this video of the robbery, which Moo linked earlier.

The subsequent comments on the video are also worth reading, particularly this one by Valerie Joy Muti

quote:
Does everyone fail to acknowledge that Al Sharpton and Jesse Jackson wanted this video released in accordance and compliance with the Sunshine Law? Anybody? Anybody at all?

 
Posted by Moo (# 107) on :
 
Here is an account of what it is like to serve on a grand jury.

Moo
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by Barnabas62:
The facts of the shooting clearly don't matter nearly as much as the fact of the shooting.

And that is tragic.

Bingo.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by malik3000:
This all simply demonstrates that when it is said that there is no justice for young Black men, this is not hyperbole, it is cold fact. Ahmadou Diallo, Trayvon Martin, the list keeps growing and growing, year after year, decade after decade, century after century.

It is hyperbole, because it assumes that "justice" would be a conviction of their killers. It says that Trayvon Martin was an innocent kid, not someone who was banging a man's head into the ground.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by Crœsos:
A contrary view:

quote:
... Buried underneath every scrap of evidence McCulloch could find, the grand jury threw up its hands and said that a crime could not be proved

And how, exactly, does this author know that the grand jury "threw up its hands"?

Statements like that are pretty egregious, because they basically assert that no-one could have possibly decided the way that they did on the evidence, they must have done it for some other reason.

And that's pretty much the tenor of a lot of comments about this case. Refusal to accept that jurors might have actually concluded there was no prospect of conviction ON THE EVIDENCE. Including the witnesses supporting that the deceased charged at a police officer. No, it has to be that they were overwhelmed by the quantity of evidence, or divided on racial lines, or sheep who followed the prosecutor, or think that police officers are always right.

It'd be nice to see, a little more often, a statement along the lines of "well, they came to a different conclusion to the one I would have reached, but they're entitled to do so". Instead of all these alternative explanations of why the jurors must have ignored the 'obvious' fact of the police officer's guilt.
 
Posted by ldjjd (# 17390) on :
 
I wouldn't say that the jurors ignored 'the obvious fact' of the police officers guilt, but rather they ignored the need for a trial to sort out, in adversarial proceedings, under cross-examination of witnesses, the complex questions involving possible criminality and possible defenses to such possible criminality.

As I see it, the prosecutor,as always, has the discretion not to prosecute. In this case, he chose to shift this responsibility to a grand jury. I have, of course, my opinions as to why he did so. Had I been a juror, I would have handed this ticking time-bomb right back to him.

[ 26. November 2014, 01:14: Message edited by: ldjjd ]
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by ldjjd:
In this case, he chose to shift this responsibility to a grand jury.

Are you saying that there is an option to bypass the grand jury process?

I am trying at the moment to find something decent on the rules in Missouri as to when a grand jury is (a) required or (b) an option. I haven't succeeded yet. Mostly because most of the hits Google is offering me are all about this particular grand jury, not about the process in the abstract.

[ 26. November 2014, 01:22: Message edited by: orfeo ]
 
Posted by ldjjd (# 17390) on :
 
In federal cases, a grand jury is required under the Fifth Amendment. I'm not certain about state requirements.

I'll do some research also.
 
Posted by orfeo (# 13878) on :
 
Okay, here is what I found for St Louis County:

quote:
All felony charges must be presented for consideration either by the Grand Jury or by an associate circuit judge at a preliminary examination, and a little less than half of the cases prosecuted in St. Louis County are presented to the Grand Jury.
That doesn't sound to me as if there's something terribly unusual about asking a grand jury to consider probable cause. If they don't, then a judge will. It's simply not correct to portray this as the prosecutor abdicating the decision, because on neither route is it the prosecutor's call whether a matter gets as far as trial.
 
Posted by ldjjd (# 17390) on :
 
I would say that it's much,much more unusual in California.

Perhaps I went a bit too far on the abdication matter. However, I think it is arguably more difficult to manipulate a judge than a jury. I'd guess that an unbiased judge would have more likely issued an indictment.

Having the grand jury in the process could give the impression, possibly false, that the sensible judgment of the people was being expressed.
 
Posted by ldjjd (# 17390) on :
 
Also, this case is atypical in that we have a prosecutor who clearly doesn't want to prosecute yet
refuses to make that decision on his own (and take the flack resulting therefrom). He could have stood his ground and done nothing.

[ 26. November 2014, 01:50: Message edited by: ldjjd ]
 
Posted by Leorning Cniht (# 17564) on :
 
I don't have a strong opinion about the facts in the individual case of the killing of Michael Brown. I am certain that the evidence presented in the press would not be sufficient to persuade a dispassionate jury to convict Darren Wilson beyond reasonable doubt.

One individual shooting isn't the problem - the problem is lots and lots of shootings happening all the time. The problem is a sharp separation between the police and the policed. It's not just a racial thing - you get a much milder version of the same separation between police forces and low-status white communities - but the racial effect is by far the largest. Black people, and particularly poor black people living in poor black communities, get a much worse deal from police officers (both black and white officers) than white people.

And then there's a huge positive feedback loop. Cops treat black community roughly, so black community distrusts cops and doesn't act in a cooperative fashion, so cops treat black community as the enemy, so black community treats cops and the enemy, so cops need bigger weapons, so ...

One often hears the story that the police officer just wants to be safe, and just wants to go home to his family at the end of the day. That's great - and I want him to go home to his family too. We never seem to hear the equally true claim that the man the police are attacking with lethal weapons just wants to be safe and go home to his family too.
 
Posted by orfeo (# 13878) on :
 
Leorning, I entirely agree.

As much as anything these encounters play out the way they do because there's a whole set of assumptions that members of each group have about members of the other group. A white police officer sees a young black man, he's more likely to approach that person as something of a threat just because he's young and black. The same goes the other way. The confrontation is already being set up before anything specific has happened, because of working assumptions on both sides.

It's all quite well illustrated in a scene from the Academy-Award winning movie Crash (which I gather some people thought shouldn't have won, but it's a pretty good film and it has a LOT to say about these sorts of community relations issues). Black man has no ill intent, but white man is predisposed to assume that he does, jumps to a wrong conclusion, acts on that conclusion, and tragedy results.

It's going to take a hell of a lot of work to break down those assumptions, but that's what is needed. There needs to be integration and relationship between what are currently 2 'sides'.

[ 26. November 2014, 02:42: Message edited by: orfeo ]
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by orfeo:
quote:
Originally posted by ldjjd:
In this case, he chose to shift this responsibility to a grand jury.

Are you saying that there is an option to bypass the grand jury process?
From law professor Gabriel Chin, in an article by Jonathan Cohn:

quote:
If the prosecutor had wanted to bring charges, he could have proceeded by filing an information charging the officer with an offense, which would have resulted in a preliminary hearing before a judge who would have determined whether probable cause existed.

 
Posted by ldjjd (# 17390) on :
 
I agree with Prof. Chin that the prosecutor did not want to prosecute and that he wanted the grand jury
to share in that decision.

In fact, as it turns out, the focus has been entirely upon the grand jury. I have a feeling, which I cannot substantiate of course, that this is exactly what the prosecutor knew (or hoped) would happen. How fortunate for him that he is off the hook.
 
Posted by ldjjd (# 17390) on :
 
Also, Prof. Chin points out that the prosecutor misstated the basic function of a grand jury. Was this a demonstration of astonishing ignorance, or a slip of the tongue, or a further attempt to use the grand jury to divert all attention away from himself?

I guess it's clear that I'm no fan of the prosecutor. I may be a cynic, but I think that he has played the p.r. game very well.
 
Posted by Dave W. (# 8765) on :
 
quote:
Originally posted by orfeo:
Okay, here is what I found for St Louis County:

quote:
All felony charges must be presented for consideration either by the Grand Jury or by an associate circuit judge at a preliminary examination, and a little less than half of the cases prosecuted in St. Louis County are presented to the Grand Jury.
That doesn't sound to me as if there's something terribly unusual about asking a grand jury to consider probable cause. If they don't, then a judge will. It's simply not correct to portray this as the prosecutor abdicating the decision, because on neither route is it the prosecutor's call whether a matter gets as far as trial.
I think you're misinterpreting the charge of "abdication" - it refers to a decision that is made before any consideration by a grand jury or a judge. According to the American Bar Association "The decision to institute criminal proceedings should be initially and primarily the responsibility of the prosecutor." Standard 3-3.9 describes the considerable discretion that a prosecutor has in choosing whether or not to bring charges.

In this case, the accusation is that the prosecutor didn't want to charge the officer, but also didn't want to bear sole responsibility for the lack of a prosecution, so he charged him but then contrived an unusual grand jury proceeding with the intention that the jury not return an indictment.

{ETA: In other words, what they said. But with ABA citation of prosecutors duties, so perhaps some value added after all.}

[ 26. November 2014, 03:51: Message edited by: Dave W. ]
 
Posted by Golden Key (# 1468) on :
 
I surfed into some good articles at Vox.com.

"Officer Darren Wilson's story is unbelievable. Literally." is the linked one. The writer walks through various oddness in his story--adding that odd things *can* happen.

At the very end, there's a link to the account of the victim's friend, who was there.
 
Posted by ldjjd (# 17390) on :
 
Thank you, Dave.

That is the exactly nature of my gripe with the prosecutor.

At the same time, I cannot say unreservedly that in a similar situation, I would have the guts to take all the flack myself.

To shift the matter to a grand jury would be a very tempting way out, and the pressures to do so would be immense.

[ 26. November 2014, 04:09: Message edited by: ldjjd ]
 
Posted by Doublethink. (# 1984) on :
 
Even if you accept the police officer's testimony as the unvarnished truth, I don't see that it would mean he had no criminal liability. Moreover, I would have thought that level of incompetence would lead to some level of internal process.
 
Posted by Enoch (# 14322) on :
 
quote:
Originally posted by Doublethink.:
Even if you accept the police officer's testimony as the unvarnished truth, I don't see that it would mean he had no criminal liability. Moreover, I would have thought that level of incompetence would lead to some level of internal process.

Sorry, Doublethink, but even without knowing the facts, I don't think I can agree with you. I know this is debated as being about race, but as a foreigner to the debate, I can't help thinking there's another elephant in this particular room.

In a culture where guns are freely available and where anybody might have one, I don't see how anyone can complain if an armed policeman shoots rather than risks his own safety - whatever the surrounding circumstances.

If every random person might be armed, particularly a threatening and aggressive person, the casual citizen getting shot by the police is a price society has to accept. That's the cost, irrespective of whether the casual citizen happens to be black, a 12 year old child or whatever.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by Doublethink.:
Moreover, I would have thought that level of incompetence would lead to some level of internal process.

Has anyone told us it won't, though?
 
Posted by Barnabas62 (# 9110) on :
 
On facts, I've read Dorian Johnson's testimony (Vol 4, page 17 in the link provided here). He was undoubtedly there with Michael Brown, both at the store and at the confrontations with Officer Wilson. So he was an eyewitness.

Crucially, his account of the shootings does not tie in with the autopsy evidence (either or both autopsies) about the trajectory of the bullets.

Moo's summary earlier in the thread seems consistent with what I've read so far.

It seems pretty clear from the transcripts and some of the questions from grand jury members that at least some of them had done their homework on facts, realised the importance of the facts, and which ones might be in dispute.

Without fully understanding the ins and outs of grand jury purposes and normal courses of action, their simple function seems to be to decide, not guilt or innocence, but whether there is enough evidence to justify going to trial. Surely they have to take some look at both indisputed fact and disputed fact, do at least some weighing of what is credible? How exhaustive that look should be, how much should be left for a full trial to determine, would seem to be a variable.

With the amount of publicity surrounding this case, and supposing that the prosecutor does indeed have doubts about whether there is enough to make a case, there doesn't seem to me to be anything unreasonable in getting the grand jury to look in detail at probable cause.

No doubt the prosecutor knew from early on that Dorian Johnson's initial statements didn't tie up with the initial autopsy report about bullet trajectories. You don't have to read bias into his behaviour. His own opinion may simply have been that the case against Officer Wilson was weak on the basis of the facts. But he would also know, politically, that a "no bill" verdict from him would simply intensify the stitch up suspicions. So it's not wrong to spy some self-protection on his part, but his actions in putting it all out there before the grand jury meant at least that there could be some public weighing of it all. He doesn't seem to have kept anything up his sleeve.

[ 26. November 2014, 10:29: Message edited by: Barnabas62 ]
 
Posted by Kwesi (# 10274) on :
 
Enoch
quote:
In a culture where guns are freely available and where anybody might have one, I don't see how anyone can complain if an armed policeman shoots rather than risks his own safety - whatever the surrounding circumstances.

Spot on! And especially so when added to a racial dimension where black men are seen as having a high homicidal tendency. Gun culture + racialism = a reasonable action on the part of the police officer. In that context the policeman is also a victim. This incident is not unique and there is no reason to think it will not be repeated. That's what the USA is like, it's in the DNA.
 
Posted by Moo (# 107) on :
 
quote:
Originally posted by Doublethink.:
Moreover, I would have thought that level of incompetence would lead to some level of internal process.

I read some of Wilson's testimony. He said that after Brown had punched him hard in the face several times, he started feeling dizzy.

It's quite possible that he would have thought more clearly and acted differently if he hadn't been hit.

Moo
 
Posted by Porridge (# 15405) on :
 
The other elephant in the room is the fact that it's pretty rare for police officers to be charged in circumstances like these (and this is regardless of any racial component).

Why?

Who is potentially facing trial as a result of a probable cause finding? A police officer.

Who investigates the facts which could lead to a probable cause finding? Police officers, typically from the same force as the individual potentially facing trial.

Who is preparing the presentation to the grand jury? The prosecution which typically works hand-in-hand with the police force normally responsible for investigating crimes within its jurisdiction.

There doesn't have to be any conscious intent to deceive or to slant facts; there need not be the faintest whiff of conspiracy involved.

Few institutions investigate themselves with quite the same even-handed dispassion as a separate body might.
 
Posted by Barnabas62 (# 9110) on :
 
Porridge

Of course that's right in general.

In this particular case, the two autopsy reports do seem to provide expert corroboration of the testimony that Michael Brown was coming head down towards the policeman when the fatal shots were fired. He was not in some posture of surrender, as described by Dorian Johnson.

That seems crucial in deciding on both the reliability of Dorian Johnson's testimony overall. If that doesn't stand, it's pretty hard to see sufficient support for probable cause. Whatever one makes of the first skirmish with the policeman sitting in the car.

Not sure that has anything to do with the self-investigation issue.
 
Posted by Beeswax Altar (# 11644) on :
 
quote:
Originally posted by Golden Key:
I surfed into some good articles at Vox.com.

"Officer Darren Wilson's story is unbelievable. Literally." is the linked one. The writer walks through various oddness in his story--adding that odd things *can* happen.

At the very end, there's a link to the account of the victim's friend, who was there.

I thought Ezra Klein's article was unbelievable. One, Michael Brown had just robbed a store so the whole gentle giant narrative just doesn't hold. Two, as a fan of college athletics, I can say that young men with bright futures do stupid stuff to jeopardize those futures all the time. Three, the alternative explanation to the on put forward by Wilson is that Wilson was trying to drag Michael Brown through the window of his car. And his plan once he got him through the window was what exactly?
 
Posted by ldjjd (# 17390) on :
 
I think that countless cases have gone to trial (and have resulted in guilty verdicts or plea bargains) where the evidence was much, much flimsier than that in this case.

The difference is that in all those cases, the prosecutor wanted a conviction. In the Wilson case, the prosecutor clearly didn't want to go to trial and didn't, for whatever reason, want the decision not to prosecute to rest with him alone.
 
Posted by ldjjd (# 17390) on :
 
Cross-examination and the application of the rules of evidence are not part of grand jury proceedings. Therefore, issues of the credibility of witnesses are matters for the trial court jury, not the grand jury, to decide.

[ 26. November 2014, 14:49: Message edited by: ldjjd ]
 
Posted by Byron (# 15532) on :
 
ldjjd, witness credibility is a core part of a grand jury's job. They exist to see if there's reasonable cause to believe a person's guilty of a crime. Not suspect, not strongly suspect, but believe. It's a common sense, factual judgment, which hinges on whether they find the evidence to be credible.

As there's no defense counsel (except sometimes whispering in the target's ear), you're right that witnesses aren't cross-examined. Some states do apply the rules of evidence, and ban most kinds of hearsay.
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by Barnabas62:
A contrived testimony? I didn't form that impression.

OK, ISTM, the general tone of the discussion is far too black and white. And, pardon me B62, I will use this as an example.
What is contrived testimony? The common usage is lying or deliberately attempting to skew perception. But the reality of human recollection is not so simple.
As the Vox link is careful to say, an honest recounting is not necessarily accurate.
To add to that, recollection often changes to suit the core perception. In other words, the person fills in the story in a manner that is beneficial to them. And often believes this construction to be accurate.
It is well documented that eyewitness accounts are unreliable. This extends to the participants of an event, not simply the observers.
A proper investigation takes this into consideration and attempts to determine which observations meet what can be determined.
Wilson's statement, whether honest or not, doesn't completely track.
 
Posted by Lamb Chopped (# 5528) on :
 
quote:
Originally posted by Kwesi:
That's what the USA is like, it's in the DNA. [/QB]

Thanks, dude, you're so kind. I just love having my very complex nation summed up in this dismissive way.
 
Posted by Kwesi (# 10274) on :
 
Lamb Chopped, there's nothing like cutting to the chase, is there?
 
Posted by Amanda B. Reckondwythe (# 5521) on :
 
quote:
Originally posted by Moo:
The policeman tells a very different story.

He says that he was driving his patrol car when he saw two men walking along in the middle of the street. He stopped his car and called out the window for them to get over to the sidewalk. One of them replied, "We're not going very far.", and they continued walking in the middle of the street.

The policeman started to open his car door and get out. Brown quickly moved next to the door so that it would not open. (Brown was 6'5" tall and weighed 289 pounds. He could easily prevent the opening of the car door. Brown then reached through the car window and punched the policeman at least once in the face. He then tried to take policeman's gun, which was in a holster. There was a struggle for the gun and two shots were fired. One lodged in the police car and the other went into Brown's hand.

Brown turned and started going away from the police car; the policeman got out of the car, and Brown turned and charged him. (Given the discrepancy in physical size, Brown could easily have overpowered the policeman and taken the gun.) The policeman started shooting.

There are several pieces of evidence that back up the policeman's story.

I'll confess to not having read the whole thread, but would like to add to Moo's remarks.

We have been told that the grand jury considered all physical evidence and all witness accounts, and discovered that not only did many of the witnesses contradict each other, but even themselves, and quickly changed their stories when confronted with the fact that what they "saw" simply could not be supported by the physical evidence. Many supposed "eye" witnesses admitted that they simply repeated what they had been told by others or overheard on the street, that they did not actually "witness" anything at all.

People are forgetting, too, that Michael Brown, who we were told was a "good boy", had just robbed a convenience store, and had menaced the store clerk when confronted. He then proceeded to swagger down the middle of a street, refused to move to the curb when asked to do so by a police officer, and physically attacked and menaced the officer. He then fled from the officer and not only refused to stop when ordered to do so, but turned and charged the officer.

What did this "good boy" expect would happen? That the officer would just wave him on his merry way, stolen cigarillos in hand, and would get back in his car and go find some "real crime" to investigate?
 
Posted by ldjjd (# 17390) on :
 
Hi, Byron.

My impression is that the rules of evidence do not apply in most if not all state grand juries. That's explicitly the practice in California. Do you know offhand a few states where that is not the case?

Who would enforce those rules and who would object to their violation?

"Probable cause to believe" is simply a way of stating a low standard of proof.

The grand jurors do not have to be convinced that a crime has been committed nor is it their job to weigh conflicts in evidence or to judge the basic credibility of witnesses.

Unless there is a total or near total lack of grounds for an indictment, such matters should be left to the trial court jury where credibility can be closely argued by both sides.

Given such standards, an indictment usually results. Again, though, the situation we are discussing was most atypical.
 
Posted by ldjjd (# 17390) on :
 
I mean atypical in the sense that we have here a prosecutor who definitely does NOT want an indictment but who nevertheless follows a path normally (almost universally) taken by prosecutors who strongly DO want an indictment.
 
Posted by Pooks (# 11425) on :
 
On a slight tangent but related to this story. Having stayed most of the night watching CNN's coverage of the verdict and the subsequent rioting, I must say I was rather bemused by one of the 'expert' commentators who said that burning down a store and looting others is not the way to honour Michael Brown's memory. I thought to myself did he really say that with a straight face? Given Michael Brown just robbed a store himself and shoved the store keeper with force not long before he died, looting seems exactly the right way, if somewhat perversely, the way to 'honour' him.
 
Posted by Byron (# 15532) on :
 
quote:
Originally posted by ldjjd:
Hi, Byron.

My impression is that the rules of evidence do not apply in most if not all state grand juries. That's explicitly the practice in California. Do you know offhand a few states where that is not the case?

Who would enforce those rules and who would object to their violation?

"Probable cause to believe" is simply a way of stating a low standard of proof.

The grand jurors do not have to be convinced that a crime has been committed nor is it their job to weigh conflicts in evidence or to judge the basic credibility of witnesses.

Unless there is a total or near total lack of grounds for an indictment, such matters should be left to the trial court jury where credibility can be closely argued by both sides.

Given such standards, an indictment usually results. Again, though, the situation we are discussing was most atypical.

New York is a good example of a reformed grand jury system. It's for the prosecutor overseeing it to enforce the rules of evidence (with appeal to a judge if it came up).

Its grand jury handbook is thorough. Note this part:-
quote:
To formally charge an accused person with a crime, 12 [out of 23] grand jurors who heard all the essential and critical evidence and also the legal instructions must agree that there is legally sufficient evidence and reasonable cause to believe that the accused person committed a crime. A grand juror who has not heard all the essential and critical evidence on a case or who has not heard the legal instructions cannot vote in that case.
As noted upthread, NY grand juries kick 7% of indictments. It's certainly not the case that grand juries should take a punt and leave it to the trial court. If they were a rubber stamp, there'd be no point in having them.
 
Posted by Barnabas62 (# 9110) on :
 
Is there a link to the rules and guidelines for grand jury procedures in Missouri? The Wiki article on Grand Juries in the USA doesn't suggest the restriction which Idjjd states, but there seems to be federal and state law in place, and a fair bit of state-to-state variation.
 
Posted by saysay (# 6645) on :
 
quote:
Originally posted by Beeswax Altar:
I thought Ezra Klein's article was unbelievable. One, Michael Brown had just robbed a store so the whole gentle giant narrative just doesn't hold. Two, as a fan of college athletics, I can say that young men with bright futures do stupid stuff to jeopardize those futures all the time. Three, the alternative explanation to the on put forward by Wilson is that Wilson was trying to drag Michael Brown through the window of his car. And his plan once he got him through the window was what exactly?

I thought Ezra Klein's article was unbelievable for its complete lack of comprehension of how violent situations sometimes escalate from verbal aggression (on the part of both parties) to physical violence.

But then I generally find Ezra Klein useless to read.
 
Posted by Byron (# 15532) on :
 
quote:
Originally posted by Barnabas62:
Is there a link to the rules and guidelines for grand jury procedures in Missouri? The Wiki article on Grand Juries in the USA doesn't suggest the restriction which Idjjd states, but there seems to be federal and state law in place, and a fair bit of state-to-state variation.

Annoyingly, not that I've been able to find.

For anyone who wants to trawl through 'em, here's the Missouri grand jury statutes.
 
Posted by Barnabas62 (# 9110) on :
 
You found what I found!

This looks pretty broad.

quote:
Duties of grand jury.

540.031. A grand jury may make inquiry into and return indictments for all grades of crimes and shall make inquiry into all possible violations of the criminal laws as the court may direct. The grand jury may examine public buildings and report on their conditions.

It suggests that the prosecutor has pretty broad latitude in interpreting "make inquiry". It hardly seems likely that the prosecutor exceeded the formal powers, given the seriousness and high profile.

I'm not arguing that his actions were usual, simply that he had a legal warrant for them.
 
Posted by Doublethink. (# 1984) on :
 
quote:
Originally posted by Enoch:
quote:
Originally posted by Doublethink.:
Even if you accept the police officer's testimony as the unvarnished truth, I don't see that it would mean he had no criminal liability. Moreover, I would have thought that level of incompetence would lead to some level of internal process.

Sorry, Doublethink, but even without knowing the facts, I don't think I can agree with you. I know this is debated as being about race, but as a foreigner to the debate, I can't help thinking there's another elephant in this particular room.

In a culture where guns are freely available and where anybody might have one, I don't see how anyone can complain if an armed policeman shoots rather than risks his own safety - whatever the surrounding circumstances.

If every random person might be armed, particularly a threatening and aggressive person, the casual citizen getting shot by the police is a price society has to accept. That's the cost, irrespective of whether the casual citizen happens to be black, a 12 year old child or whatever.

Ok series of questions, based on this: http://www.bbc.co.uk/news/world-us-canada-30189966


Or to put it another way, why would you try to shoot someone in the back who is running away from you ? How is that lawful ?
 
Posted by Ikkyu (# 15207) on :
 
Is fascinating to read a thread in which Christians look carefully for any reason to excuse the actions of a policeman who killed an unarmed 18 old. But I don't see the same willingness to defend the actions of the 18 year old victim. Who it seems to some people in this thread to deserve the Death penalty by summary execution for stealing cigarettes and jaywalking.
This great prosecutor of yours who was acting in perfect accord with the procedures for Grand Juries, was also a great man when he choose to announce the findings at night. With no intention of helping to incite the unfortunate events that happened later that same night.

The post about celebrating the death of an 18 year old with looting and burning was probably the most revealing one.
The fact that unarmed black men seem to be killed by police with some frequency these days is of course irrelevant.
Interesting that when a black 12 year old plays with a toy gun he gets killed. But in my city a white male can walk into an airport
intimidating people with a loaded assault rifle with no charges filed.
My wonderfull city

But of course the police is always right.
 
Posted by goperryrevs (# 13504) on :
 
quote:
Originally posted by Ikkyu:
the 18 year old victim. Who it seems to some people in this thread to deserve the Death penalty by summary execution for stealing cigarettes and jaywalking.

Which shipmates? Care to name them and show where they've said that? Do you honestly think anyone on this thread actually thinks anything resembling that?
 
Posted by Byron (# 15532) on :
 
I worship Loki ATM, Ikkyu. [Razz]

Who here's denied that Brown's death is a tragedy, or that racism is an unhealed wound? No one I can see.

What several have said is that there's not probable cause to indict Wilson. Maybe he is guilty. We don't know, but there doesn't appear to be sufficient evidence for a realistic prospect of a conviction.

Likewise, no one's said there ought to be a death penalty for robbery suspects. What matters is whether Wilson reasonably feared for his life when he fired. If his testimony's accurate, he did.

Everyone here wishes this never happened. That doesn't mean we all want someone prosecuted without cause.
 
Posted by Barnabas62 (# 9110) on :
 
What was Michael Brown doing when the police officer fired the fatal shots? So far as a murder indictment is concerned, that's crucial. On that point, the autopsies back up the officer"s testimony. They do not support Dorian Johnson's.

On the struggle around the car, the forensic evidence supports the officer's testimony more than it supports Dorian Johnson.

What Amanda says about other eye witness testimony is spot on. Particularly since the second independent autopsy didn't contradict the major bullet trajectory findings of the first.

Nobody is arguing that the police officer always behaved properly, sensibly or in accordance with best practice. Heck, it doesn't look to me that he did either. The issue before the grand jury was whether there was probable cause to believe his behaviour was criminal.

[ 26. November 2014, 20:43: Message edited by: Barnabas62 ]
 
Posted by orfeo (# 13878) on :
 
We are, once again it seems, because we seem to be here in the same territory we are with every one of these high-profile controversial cases, in the zone where we are discussing unwise and stupid behaviour.

Stupidity is generally not criminal. Not until it gets into the territory of profoundly stupid, Oscar Pistorius-level stupidity.

So I can't say I find it very helpful to be having all the variations of 'what did one person or the other think would happen when they...' because it's not generally the case that the law expects a full and correct analysis of the consequences of our actions.

Sure, it explains how we got to the final tragic outcome, but it doesn't really do a lot to establish criminal responsibility. MORAL responsibility, maybe, but not criminal.

Because the law doesn't boil everything down to "it's your fault, you started it". When 2 stupid people both do stupid things that make the situation worse, the law doesn't sit there in a criminal case deciding which one to pick.

And the reasoning process that boils down to "X didn't deserve to die, so therefore Y is guilty of murder" is just jaw-droppingly wrong. I don't care if this kid raised puppies and helped grandmothers across the street, it's not relevant to the question of criminal guilt.

[ 26. November 2014, 20:46: Message edited by: orfeo ]
 
Posted by Porridge (# 15405) on :
 
While there's some contradiction about whether Wilson did or did not know of the robbery, I wonder about the actions that began this series of events.

Assume for the moment that Wilson did not know of the robbery.

1. Would he have ordered a couple of white kids to get on the sidewalk?

2. Would he have done so in the same manner -- language, vocal tone, volume -- as with the black kids?

and, from the other side,

1. Would two white kids (with possibly no, or at least less, local history of bad blood between residents & cops) have complied with such an order if issued?
 
Posted by Alogon (# 5513) on :
 
quote:
Originally posted by Ikkyu:
Interesting that when a black 12 year old plays with a toy gun he gets killed.

According to the news I hear, it was a BB gun, and the tell-tale orange cap at the tip of the muzzle to identify a toy was nowhere in evidence. A BB gun is not a toy. It can kill small animals and, if aimed at a choice spot, maim a person. IMHO, a city boy has no business carrying one. Whoever in this unfortunate 12-year-old's life allowed him to possess it was falling down on the job. "Live by the sword, die by the sword..." maybe word will get out.

I certainly don't want to excuse the trigger-happy rookie cop who jumped to fatal conclusions, nor the 911 dispatcher who failed to transmit the caution of the original caller (who said it might be a toy gun). But I don't envy, either, the lot of those whose job puts them in harm's way every day. Does anyone commenting here actually have experience in this line of work? Those who make these stories all about race ignore an elephant in the room: dysfunctional families, beleaguered school systems, and drug habits. Ferguson et al. will never prosper until these problems are addressed.

[ 26. November 2014, 20:50: Message edited by: Alogon ]
 
Posted by Doublethink. (# 1984) on :
 
quote:
Originally posted by Barnabas62:
What was Michael Brown doing when the police officer fired the fatal shots? So far as a murder indictment is concerned, that's crucial. On that point, the autopsies back up the officer"s testimony. They do not support Dorian Johnson's.

On the struggle around the car, the forensic evidence supports the officer's testimony more than it supports Dorian Johnson.

What Amanda says about other eye witness testimony is spot on. Particularly since the second independent autopsy didn't contradict the major bullet trajectory findings of the first.

Nobody is arguing that the police officer always behaved properly, sensibly or in accordance with best practice. Heck, it doesn't look to me that he did either. The issue before the grand jury was whether there was probable cause to believe his behaviour was criminal.

I believe shooting at Mr Brown, before there was any reason to believe he had a gun, by the policeman's own account, would constitute a crime in and of itself, effectively attempted murder or attempted culpable homicide - especially when he was moving away from the officer on foot. Arguably, if the officer was shooting at Brown and he feared for his life - the officer's account would be consistent with Mr Brown dying trying to defend himself.

I am unclear why the police officer felt he had no other options other than his gun all throigh the encounter, did he not carry a a baton, a taser, pepper spray, nothing but a gun ?
 
Posted by Byron (# 15532) on :
 
The Washington Post's published a suprb analysis of this case in the context of Missouri self-defense law.

In short, given his testimony, corroborated by the forensics, there was pretty much zero chance that a petit jury was going to convict Wilson at trial. If the grand jury had returned a true bill, they'd have only been delaying the inevitable.
 
Posted by Lawrence (# 4913) on :
 
quote:
Originally posted by Doublethink.:
I am unclear why the police officer felt he had no other options other than his gun all throigh the encounter, did he not carry a a baton, a taser, pepper spray, nothing but a gun ?

He chose not to carry a taser because it was too bulky on his utility belt, he could not get to his baton because he was sitting on it and he believed Brown was too close to him to mace him without it getting back on him and disabling himself, leaving him vulnerable to Brown's attack. That is what he testified to.
 
Posted by Moo (# 107) on :
 
quote:
Originally posted by Porridge:
Assume for the moment that Wilson did not know of the robbery.

1. Would he have ordered a couple of white kids to get on the sidewalk?

I read a little bit of Wilson's grand jury testimony. He said that cars had to swerve around the men walking in the street.

Given the fact that part of a policeman's job is the prevention of traffic accidents, it was entirely appropriate for him to tell them to walk on the sidewalk.

Moo
 
Posted by Beeswax Altar (# 11644) on :
 
quote:
originally posted by Porridge:
1. Would he have ordered a couple of white kids to get on the sidewalk?

Yes

quote:
originally posted by Porridge:
2. Would he have done so in the same manner -- language, vocal tone, volume -- as with the black kids?


Likely

quote:
originally posted by Porridge:
1. Would two white kids (with possibly no, or at least less, local history of bad blood between residents & cops) have complied with such an order if issued?

The vast majority would. When I was a white kid, I always complied when a police officer told me to stop doing what I was supposed to be doing. Why wouldn't I? At the very minimum, the officer could give me a ticket.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by Doublethink.:
I believe shooting at Mr Brown, before there was any reason to believe he had a gun, by the policeman's own account, would constitute a crime in and of itself, effectively attempted murder or attempted culpable homicide - especially when he was moving away from the officer on foot.

You might believe that. I suspect we'd have a hard time finding an American jury that sees a problem with firing at a fleeing suspect in a robbery.
 
Posted by Ikkyu (# 15207) on :
 
quote:
Originally posted by goperryrevs:
quote:
Originally posted by Ikkyu:
the 18 year old victim. Who it seems to some people in this thread to deserve the Death penalty by summary execution for stealing cigarettes and jaywalking.

Which shipmates? Care to name them and show where they've said that? Do you honestly think anyone on this thread actually thinks anything resembling that?
Well what about Pooks?
quote:
Originally posted by Pooks:
On a slight tangent but related to this story. Having stayed most of the night watching CNN's coverage of the verdict and the subsequent rioting, I must say I was rather bemused by one of the 'expert' commentators who said that burning down a store and looting others is not the way to honour Michael Brown's memory. I thought to myself did he really say that with a straight face? Given Michael Brown just robbed a store himself and shoved the store keeper with force not long before he died, looting seems exactly the right way, if somewhat perversely, the way to 'honour' him.


 
Posted by Doublethink. (# 1984) on :
 
Well, if that is their law, it would explain why people keep getting killed with no legal redress. Perhaps they need to a) change their law and b) train their police officers in the basic principles of de-escalating violent conflicts and c) not send them out solo in patrol cars if the default assumption is that criminals are armed.

What would have helped in this instance would have been for the police to have had, in addition to decent training, some defence option between nothing and gunfire.
 
Posted by Doublethink. (# 1984) on :
 
quote:
Originally posted by orfeo:
quote:
Originally posted by Doublethink.:
I believe shooting at Mr Brown, before there was any reason to believe he had a gun, by the policeman's own account, would constitute a crime in and of itself, effectively attempted murder or attempted culpable homicide - especially when he was moving away from the officer on foot.

You might believe that. I suspect we'd have a hard time finding an American jury that sees a problem with firing at a fleeing suspect in a robbery.
That strikes me a as problem, life is more important than property.
 
Posted by orfeo (# 13878) on :
 
I'd also be interested in where there is evidence that any of the shots were fired while Brown was moving away. Certainly not in the description of Wilson's testimony in that Washington Post article.
 
Posted by lilBuddha (# 14333) on :
 
Addendum to Ikkyu
Not only him. Anyone mentioning the robbery as a factor, anyone mentioning Michael Brown might not be a sweet angel.
All of that is irrelevant.

The only behaviour that is relevant is what occurred in the shooting. And Wilson's statement is not as convincing as many would like to make it appear.

[ 26. November 2014, 21:55: Message edited by: lilBuddha ]
 
Posted by Doublethink. (# 1984) on :
 
quote:
Originally posted by Lawrence:
quote:
Originally posted by Doublethink.:
I am unclear why the police officer felt he had no other options other than his gun all throigh the encounter, did he not carry a a baton, a taser, pepper spray, nothing but a gun ?

He chose not to carry a taser because it was too bulky on his utility belt, he could not get to his baton because he was sitting on it and he believed Brown was too close to him to mace him without it getting back on him and disabling himself, leaving him vulnerable to Brown's attack. That is what he testified to.
Concievably, we could believe that if officers were required to carry an effective non-lethal weapon, they would be less likely to use a lethal one. And who the hell sits on their baton ? Do they not train these police officers at all ? If he had never drawn his gun, he'd never been in any danger of Brown shooting him with it. His own actions did not make him safer.
 
Posted by Ikkyu (# 15207) on :
 
quote:
Originally posted by Alogon:
quote:
Originally posted by Ikkyu:
Interesting that when a black 12 year old plays with a toy gun he gets killed.

According to the news I hear, it was a BB gun, and the tell-tale orange cap at the tip of the muzzle to identify a toy was nowhere in evidence. A BB gun is not a toy. It can kill small animals and, if aimed at a choice spot, maim a person. IMHO, a city boy has no business carrying one. Whoever in this unfortunate 12-year-old's life allowed him to possess it was falling down on the job. "Live by the sword, die by the sword..." maybe word will get out.

I certainly don't want to excuse the trigger-happy rookie cop who jumped to fatal conclusions, nor the 911 dispatcher who failed to transmit the caution of the original caller (who said it might be a toy gun). But I don't envy, either, the lot of those whose job puts them in harm's way every day. Does anyone commenting here actually have experience in this line of work? Those who make these stories all about race ignore an elephant in the room: dysfunctional families, beleaguered school systems, and drug habits. Ferguson et al. will never prosper until these problems are addressed.

So you want to ignore the part about the white person with an loaded assault rifle in an Airport
not being charged? And certainly not shot.
Poverty and inequality are a big problem but race should not be left out of it.

"Live by the sword die by the sword" to a 12 years old? [Projectile]
 
Posted by Moo (# 107) on :
 
quote:
Originally posted by Beeswax Altar:
Three, the alternative explanation to the one put forward by Wilson is that Wilson was trying to drag Michael Brown through the window of his car. And his plan once he got him through the window was what exactly?

Aside from that, given the fact that Brown weighed almost three hundred pounds, there is no way he could fit through the car window.

Moo
 
Posted by Doublethink. (# 1984) on :
 
quote:
Originally posted by orfeo:
I'd also be interested in where there is evidence that any of the shots were fired while Brown was moving away. Certainly not in the description of Wilson's testimony in that Washington Post article.

It is in the BBC description of his testimony I cited above.
 
Posted by Pooks (# 11425) on :
 
quote:
Originally posted by Ikkyu:

The post about celebrating the death of an 18 year old with looting and burning was probably the most revealing one.

Actually, I would have the same view if the person who was killed in this case was white. To me it's the sentimentality of 'honouring' a robber that mystifies me. I also have no love for the American style of policing and gun culture. In fact I was extremely upset about the death of Michael Brown when I first saw the news of his death. That changed when I saw the CCTV footage and later learnt of his altercation with the police prior to the shooting. As far as I am concerned, the victim was the shop keeper and nobody was speaking up for him.
With regard to 'celebrating', nobody is celebrating here, but there is an ironic reaction to the notion of 'honouring' someone who robbed others. Colour doesn't come into it. So please stop importing your own prejudices into what I have written. Thank you very much.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by Doublethink.:
If he had never drawn his gun, he'd never been in any danger of Brown shooting him with it.

Again, is there evidence that Wilson had drawn his gun? The bit of Wilson's testimony in the Washington Post article is "the gun goes down into my hip". Isn't that where a gun is holstered? If Wilson has the gun drawn, what is it doing down at his hip?
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by Doublethink.:
quote:
Originally posted by orfeo:
I'd also be interested in where there is evidence that any of the shots were fired while Brown was moving away. Certainly not in the description of Wilson's testimony in that Washington Post article.

It is in the BBC description of his testimony I cited above.
Quote please. Because I haven't spotted it yet.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by orfeo:
quote:
Originally posted by Doublethink.:
If he had never drawn his gun, he'd never been in any danger of Brown shooting him with it.

Again, is there evidence that Wilson had drawn his gun? The bit of Wilson's testimony in the Washington Post article is "the gun goes down into my hip". Isn't that where a gun is holstered? If Wilson has the gun drawn, what is it doing down at his hip?
Going to retract this one, because the transcript does say he drew his gun. Difference in choices of quote between the BBC and the Washington Post.
 
Posted by orfeo (# 13878) on :
 
I also find your entire series of narrative questions puzzling, Doublethink. Because it seems to miss out the parts where the "unarmed" Brown punches a man in the face.

It also conflates different parts of the sequence of events. You say "why get out of the car if he feared being knocked out" as if the fear of being knocked out continued the entire time. When Wilson gets out of the car is when Brown is moving away. It makes perfect sense to me that Wilson fears physical assault while in the car (because that's when he IS assaulted) and when Brown is coming towards him, but not in the intervening moments. When Brown is moving away he doesn't know that Brown is going to turn around again and charge.

I still cannot see the evidence for the part of your narrative where Wilson shoots at Brown while Brown is moving away. The only witness who seems to have said this is Brown's friend. The independent witnesses appear to have given testimony that agrees with Wilson's on basic timing: shots while Brown was at the car, then more shots while Brown was moving towards Wilson.

[ 26. November 2014, 22:23: Message edited by: orfeo ]
 
Posted by LeRoc (# 3216) on :
 
I still don't understand that a police officer is unable to stop a man charging towards him without shooting him multiple times. And I do believe that this is because of training. People do charge towards police in Europe , but they seldom get shot. When someone in Iceland got shot by the police last years, it was world news because it was the first time in centuries.

In the Netherlands, people are aggressive towards the police countless times. There's a lot about that in the news. Yet the police always manages to subdue them without shooting them.

If it is true that Brown charged towards the police, then I don't care how heavy he was, the police should be trained to deal with him without shooting him. They can in other countries.

The feeling I get is that the police is unprepared for dealing with aggressive people, other than pumping them full of lead. Worse when subliminal fear of black people kicks in.
 
Posted by Pooks (# 11425) on :
 
quote:
Originally posted by Ikkyu:
quote:
Originally posted by goperryrevs:
quote:
Originally posted by Ikkyu:
the 18 year old victim. Who it seems to some people in this thread to deserve the Death penalty by summary execution for stealing cigarettes and jaywalking.

Which shipmates? Care to name them and show where they've said that? Do you honestly think anyone on this thread actually thinks anything resembling that?
Well what about Pooks?
quote:
Originally posted by Pooks:
On a slight tangent but related to this story. Having stayed most of the night watching CNN's coverage of the verdict and the subsequent rioting, I must say I was rather bemused by one of the 'expert' commentators who said that burning down a store and looting others is not the way to honour Michael Brown's memory. I thought to myself did he really say that with a straight face? Given Michael Brown just robbed a store himself and shoved the store keeper with force not long before he died, looting seems exactly the right way, if somewhat perversely, the way to 'honour' him.


What about Pooks? She was bemused by the law expert's comment that one should 'honour' a robber. Then went on to illustrate the absurdity of what that honouring would look like based on the commonly used notion that you 'honour' someone by doing what he would have done himself if he were alive. What I have written was not 'celebrating' as you have put it in your previous post, nor was it the same as saying Michael Brown 'deserve the Death penalty by summary execution for stealing cigarettes and jaywalking.' It's regrettable that you can not see the difference.
 
Posted by goperryrevs (# 13504) on :
 
quote:
Originally posted by Ikkyu:
quote:
Originally posted by goperryrevs:
quote:
Originally posted by Ikkyu:
the 18 year old victim. Who it seems to some people in this thread to deserve the Death penalty by summary execution for stealing cigarettes and jaywalking.

Which shipmates? Care to name them and show where they've said that? Do you honestly think anyone on this thread actually thinks anything resembling that?
Well what about Pooks?
quote:
Originally posted by Pooks:
On a slight tangent but related to this story. Having stayed most of the night watching CNN's coverage of the verdict and the subsequent rioting, I must say I was rather bemused by one of the 'expert' commentators who said that burning down a store and looting others is not the way to honour Michael Brown's memory. I thought to myself did he really say that with a straight face? Given Michael Brown just robbed a store himself and shoved the store keeper with force not long before he died, looting seems exactly the right way, if somewhat perversely, the way to 'honour' him.


Where did Pooks' post say anything about Michael Brown deserving a summary execution? Pooks was questioning Michael Brown's behaviour. The post said nothing about any punishment that he deserved for that behaviour.

Here's my 2p: There are many evil injustices in this world when it comes to race, gender, sexuality and disability. It's very evident, there are plenty of statistics to back it up. It is a very good and useful thing to gather statistics, seeing how a big picture forms from many individual events. And it's clear there is something very wrong with regards to the relationship between the police and the black community in the US, and the inconsistent way that black people get treated.

However! As helpful it is to get a big picture from many individual events, it is conversely incredibly unhelpful to work the other way. In other words, projecting a big picture trend on to one isolated event is statistically illogical, and morally unhelpful. In fact, there's a word for it: prejudice.

Yet this is what happens so often, and even here on the ship, whenever we have discussions on one individual event that has something to do with racism, mysogyny or some other similar issue, there are (very smart, respectable and passionate) shipmates who essentially say "this -ism is a big issue, so that must be the dynamic that is going on in this situation". And my impression is that they're often not wanting to listen to any viewpoint that contradicts that narrative, because making this one event fit that is an important tool in fighting that evil -ism. If the event in question doesn't fit that narrative, then it makes the -ism not look like such a big issue, which is bad.

And what's more frustrating is that those who question whether this one event is actually part of that bigger narrative are responded to as if they are questioning whether the big picture -ism is an issue or not. They are not the same questions. The questions "should the cop who shot Michael Brown have been prosecuted?" And "are black people treated disportionally unfairly by police?" are not the same question. One can answer "yes" to one and "no" to the other. Or "yes" to both, or "no".

As for me, I think it's clear that the answer to the second question is "indisputably yes". It's very very difficult to argue against that. The police have a long way to go, as (it seems) do a whole bunch of other US institutions. For the first, my answer is "I just don't know". I wasn't on the grand jury. To even begin to have a valid opinion I'd need to do a lot more research than listening to a bit of news and reading this thread. My bias would be towards trusting the decision not to prosecute. Although mistakes are made and there is institutional bias, I still think that generally courts and systems get these things right much more than they get them wrong.

I get that using an individual case is a useful banner to wave in the battle against injustice. But if we're going to do that, then we'd better be damn well sure that the case we're using in our fight against injustice is one that describes that injustice accurately. If it doesn't, then what we're doing is counter-productive, and will generate more heat than light, and ultimately entrench those who thought that there wasn't an issue in the first place.
 
Posted by Doublethink. (# 1984) on :
 
quote:
Mr Brown immediately grabbed Mr Wilson's gun and said: "You are too much of a pussy to shoot me." The officer said he thought he was going to be shot when Mr Brown dug the gun into his hip.

Mr Wilson said he managed to pull the trigger and the gun "clicked" twice without firing, before a shot went through the police car door.

Mr Wilson said Mr Brown stepped back and then looked at him with the "most intense, aggressive face".

"The only way I can describe it, it looks like a demon, that's how angry he looked. He comes back towards me again with his hands up."

Mr Wilson said he covered his face and fired the gun again, firing two shots in the car before Mr Brown ran off and he followed him.

When Mr Brown stopped, Mr Wilson told him to get on the ground. He said he fired a series of shots when Mr Brown kept coming towards him and put his right hand under his shirt in the waistband of his trousers.

I misread this, he advanced on the car with an angry face and his hands up, so Wilson shot at him again, instead of say - reversing, driving away, or driving the car at him (which would be a lot less likely to kill the man than firing a gun at him).

** I am taking Wilson's testimony at face value here, that does not necessarilly mean I believe it to be the unvarnished truth - just saying that by his own account his behaviour was incredibly stupid, incompetent and potentially illegal.

I also note that in Brown's friend's testimony, the two of them ran away when they were shot at initially - this sounds considerably more plausible to me, though I recognise reasonable doubt in the difference between the two descriptions.

[ 26. November 2014, 22:53: Message edited by: Doublethink. ]
 
Posted by goperryrevs (# 13504) on :
 
quote:
Originally posted by LeRoc:
I still don't understand that a police officer is unable to stop a man charging towards him without shooting him multiple times. And I do believe that this is because of training. People do charge towards police in Europe , but they seldom get shot. When someone in Iceland got shot by the police last years, it was world news because it was the first time in centuries.

In the Netherlands, people are aggressive towards the police countless times. There's a lot about that in the news. Yet the police always manages to subdue them without shooting them.

If it is true that Brown charged towards the police, then I don't care how heavy he was, the police should be trained to deal with him without shooting him. They can in other countries.

The feeling I get is that the police is unprepared for dealing with aggressive people, other than pumping them full of lead. Worse when subliminal fear of black people kicks in.

Surely a big part of this dynamic is guns. Police are armed, and an aggressive citizen could well be armed too. Guns are a big part of the problem. But they're there, so they're part of the story. In terms of what goes through one's head if someone is charging at them - I can imagine that the difference of whether they've got a gun to hand would be a big factor in how they respond. Take the gun away, and people probably think more rationally about how they respond. Give them a gun (or in fact, any weapon), and I can imagine the first instinct would be using that weapon - why take the risk by not doing so?

But yes, I agree, training is vital - more so because of the greater presence of guns in the first place.

ETA. And I think the whole Hollywood action hero culture is another part of the problem too. Too many people want to be 'heroes'.

[ 26. November 2014, 22:58: Message edited by: goperryrevs ]
 
Posted by Moo (# 107) on :
 
AIUI immediately before Brown grabbed Wilson's gun, he had hit him several times very hard in the face. In his testimony to the grand jury Wilson said that he felt dizzy after these blows.

Moo
 
Posted by Doublethink. (# 1984) on :
 
So why leave the vehicle ?
 
Posted by Moo (# 107) on :
 
I suspect that the blows had slightly rattled his brain and he wasn't thinking clearly.

Moo
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by Alogon:
quote:
Originally posted by Ikkyu:
Interesting that when a black 12 year old plays with a toy gun he gets killed.

According to the news I hear, it was a BB gun, and the tell-tale orange cap at the tip of the muzzle to identify a toy was nowhere in evidence. A BB gun is not a toy.
It was a toy. It was an Airsoft which fires plastic pellets with insufficient force to kill anything save an insect. And they shot the boy within 2 seconds of stopping the car.
quote:
Originally posted by Alogon:

Whoever in this unfortunate 12-year-old's life allowed him to possess it was falling down on the job. "Live by the sword, die by the sword..." maybe word will get out.

Oh, then, the kid's death was worth it.
quote:
Originally posted by Alogon:

Those who make these stories all about race ignore an elephant in the room: dysfunctional families, beleaguered school systems, and drug habits. Ferguson et al. will never prosper until these problems are addressed.

Yeah, because race is never a factor in any of that.

quote:
Originally posted by goperryrevs:

And what's more frustrating is that those who question whether this one event is actually part of that bigger narrative are responded to as if they are questioning whether the big picture -ism is an issue or not. They are not the same questions.

But they are intertwined to the point that they are, currently, inseparable. Nothing happens in a vacuum. The history of how the police treat black people, especially in America, will colour nearly every interaction.
 
Posted by Golden Key (# 1468) on :
 
quote:
Originally posted by LeRoc:
The feeling I get is that the police is unprepared for dealing with aggressive people, other than pumping them full of lead. Worse when subliminal fear of black people kicks in.

Sometimes, officers will even shoot someone who's in a wheelchair, as happened here in SF in 2011.

[ 26. November 2014, 23:23: Message edited by: Golden Key ]
 
Posted by LeRoc (# 3216) on :
 
Suppose for a moment that Wilson is right. He stopped Brown for jaywalking. Brown tried to grab his gun in the car and hit him. Wilson got dizzy. Brown walked away but came charging back, Wilson shot him several times.

At no moment in this narrative I see Wilson acting as a professional, being a police officer, taking control of the situation. Nowhere did he even try to take control of the situation.

It's more or less like this:
Another example is here.

When you're a law officer and you choose to engage in a situation, you take control of the situation. The situation is your responsibility. Someone tries to grab your gun in your car? You should be trained for that. Someone becomes aggressive and tries to hit you? It's your job to deal with aggressive people. Someone comes charging towards you? You should know how to deal with that.

How incredibly dumb is it to have people like this on the street in a law enforcing capacity?
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by LeRoc:
I still don't understand that a police officer is unable to stop a man charging towards him without shooting him multiple times. And I do believe that this is because of training. People do charge towards police in Europe , but they seldom get shot. When someone in Iceland got shot by the police last years, it was world news because it was the first time in centuries.

In the Netherlands, people are aggressive towards the police countless times. There's a lot about that in the news. Yet the police always manages to subdue them without shooting them.

If it is true that Brown charged towards the police, then I don't care how heavy he was, the police should be trained to deal with him without shooting him. They can in other countries.

The feeling I get is that the police is unprepared for dealing with aggressive people, other than pumping them full of lead. Worse when subliminal fear of black people kicks in.

I agree completely.

None of this, however, is a foundation for a murder charge. In particular, it is not a foundation for negating a claim of self-defence.

However much we might applaud the wisdom of different strategies, I cannot see how there would be any hope of arguing beyond reasonable doubt that a lawfully armed person with a gun is not lawfully entitled to use that gun when a large man who has already used physical violence is charging in the person's direction. The theoretical existence of other options isn't to the point, because the law of self-defence doesn't require you to pick the best possible option.
 
Posted by Doublethink. (# 1984) on :
 
Isn't there any extra duty on a trained public servant though ?

For example, at work we are all taught breakaway techniques to deal with aggressive patients (even the mortuary assisstants rather worryingly). The trust tells us we have the right to self-defence, but we are only guarenteed their backing in an incident if we use recognised techniques.

In other words, if I have been taught a specific technique to breakaway from a wrist grab - but instead I punch the client face I would certainly lose my job and professional registration and it would be reported to the police for review at minimum. Even if there was no prosecution, there is a good chance I would be barred from working with vulnerable people in the future.

The fact they were the instigator of the incident would not necessarily be relevant to whether my actions were proportionate.
 
Posted by Leorning Cniht (# 17564) on :
 
quote:
Originally posted by Ikkyu:
So you want to ignore the part about the white person with an loaded assault rifle in an Airport
not being charged? And certainly not shot.

The article I read said that the nutjob who likes to drink airport coffee with an AR-15 never pointed his weapon at anyone. It also claimed that it was legal for him to wander around the airport openly carrying a weapon. It would clearly be highly illegal for him to point the gun at anyone and threaten to shoot them, but there was no claim that that had happened. There were plenty of people at the airport who were scared by the mere presence of a random guy with a gun.

Now, I don't think it's sensible to wander around airports with rifles, and I'm far from sure that it's sensible for it to be legal to wander round airports with rifles. But there's absolutely no evidence that I have seen that suggests that this guy was threatening anyone.
 
Posted by LeRoc (# 3216) on :
 
What Doublethink said.

If a licenced crane driver doesn't follow the procedures, causing an accident that kills someone, he may very well be guilty at least of manslaughter. I don't see how it would be any different for a licenced cop.

[ 27. November 2014, 00:32: Message edited by: LeRoc ]
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by Doublethink.:
Isn't there any extra duty on a trained public servant though ?

In criminal law? No.
 
Posted by Ikkyu (# 15207) on :
 
quote:
Originally posted by Pooks:
quote:
Originally posted by Ikkyu:

The post about celebrating the death of an 18 year old with looting and burning was probably the most revealing one.

Actually, I would have the same view if the person who was killed in this case was white. To me it's the sentimentality of 'honouring' a robber that mystifies me. I also have no love for the American style of policing and gun culture. In fact I was extremely upset about the death of Michael Brown when I first saw the news of his death. That changed when I saw the CCTV footage and later learnt of his altercation with the police prior to the shooting. As far as I am concerned, the victim was the shop keeper and nobody was speaking up for him.
With regard to 'celebrating', nobody is celebrating here, but there is an ironic reaction to the notion of 'honouring' someone who robbed others. Colour doesn't come into it. So please stop importing your own prejudices into what I have written. Thank you very much.

The people who were using the phrase "Honor his memory". Were doing it to promote non violence.
Which in context is a worthwhile goal.
What they where honoring is the value of human life.
Its interesting that you call him a "robber".
Is the policeman a "shooter"? Or maybe better a "killer"? Is death the appropriate punishment for a "robber". Is it easier to kill a "robber" than an 18 year old man?

They were both human beings. No one posting here
was present at the time of the shooting.
What makes me so angry is not that I KNOW that the policeman was guilty. (Of course I don't)
It is that now we will probably never know for sure. This was not a trial. Both sides were not presented. There is conflicting testimony from both sides that would benefit from proper cross examination.
If I was that policeman and I knew I was innocent I would want a chance to prove it in court.
Of course, there would still be people that would question the outcome of any trial. But they would have a much weaker argument.
 
Posted by Ikkyu (# 15207) on :
 
quote:
Originally posted by Leorning Cniht:
quote:
Originally posted by Ikkyu:
So you want to ignore the part about the white person with an loaded assault rifle in an Airport
not being charged? And certainly not shot.

The article I read said that the nutjob who likes to drink airport coffee with an AR-15 never pointed his weapon at anyone. It also claimed that it was legal for him to wander around the airport openly carrying a weapon. It would clearly be highly illegal for him to point the gun at anyone and threaten to shoot them, but there was no claim that that had happened. There were plenty of people at the airport who were scared by the mere presence of a random guy with a gun.

Now, I don't think it's sensible to wander around airports with rifles, and I'm far from sure that it's sensible for it to be legal to wander round airports with rifles. But there's absolutely no evidence that I have seen that suggests that this guy was threatening anyone.

Did you read my link? The police arrested him because 2 women in the airport said that they felt threatened and that he did point the gun in their direction. They were able to peacefully arrest a person armed with a loaded automatic rifle. But other policemen spend 2 seconds before deciding they need to shoot a 12 year old?
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by LeRoc:
What Doublethink said.

If a licenced crane driver doesn't follow the procedures, causing an accident that kills someone, he may very well be guilty at least of manslaughter. I don't see how it would be any different for a licenced cop.

And I don't particularly see what 'licences' have to do with it. It seems to me that both you and Doublethink are fusing together several different bits of law on different topics: the need for a licence to lawfully perform certain tasks, the duty of professionals to exercise reasonable professional care, and general criminal law about killing people.

There are tasks that you are legally required to be licenced to do. Doing them without a licence is an offence, no matter how competently you do them. Given that no-one has questioned Wilson's legitimacy as a police officer, this is irrelevant.

The law of negligence expects people holding themselves out as professionals to meet professional standards. There is some variance as to the details, but the basic principle is fairly well established. But that's civil law. In a civil suit there will be questions about the existence of a duty of care, what was required and whether the duty was breached. None of that is part of criminal law.

Manslaughter can be based on negligence, but requires an HIGH degree of neligence. As I said before, we're talking about Oscar Pistorius-level degrees of stupidity involving firing at a non-existent threat. Mishandling an actual threat is hardly going to cut it.

You say the crane driver "might very well" be guilty of manslaughter. To which I say, and he might very well be not. You can't just lump all breaches of procedure together on the grounds that if someone dies, it must have been a bad mistake. That's simply not true. The size of the mistake has no automatic correlation with the size of the consequence. To think like that is to work backwards from the result and use a hindsight not available to the person whose conduct you are examining.

I'm not even going to try and get into the question of whether there is, in fact, a breach of procedure by Wilson, because I don't know the details of his training or the procedures he was supposed to follow. I doubt they got as specific as how to handle being punched in your vehicle. They probably do have some stuff about how to handle aggressive people. The police of the United States may well need better training about how to handle aggressive people.
 
Posted by LeRoc (# 3216) on :
 
quote:
orfeo: And I don't particularly see what 'licences' have to do with it.
I guess you'll always be able to find a word in my argument you disagree with. I'm sorry, I'm not really interested in dicussing about words, I'm not a lawyer.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by LeRoc:
quote:
orfeo: And I don't particularly see what 'licences' have to do with it.
I guess you'll always be able to find a word in my argument you disagree with. I'm sorry, I'm not really interested in dicussing about words, I'm not a lawyer.
Words are all we have here.

If you don't feel like engaging with the rest of my response, and just want to pick out one sentence, that's up to you, but it doesn't do a lot to persuade me of the merits of your reasoning. I've already said I entirely agree with you that the police need good training and good tactics to avoid these fatal confrontations, but it simply does not follow, in my view, that this has a significant bearing on whether a fatal confrontation that DOES occur is a crime.

EDIT: And if you read my response, I wasn't even picking on the particular choice of word. I think I made it pretty clear that the notion that a qualification makes a difference is what I was disagreeing with, regardless of the particular choice of word to express the idea of the qualification.

[ 27. November 2014, 01:05: Message edited by: orfeo ]
 
Posted by Alogon (# 5513) on :
 
quote:
Originally posted by Leorning Cniht:
The article I read said that the nutjob who likes to drink airport coffee with an AR-15 never pointed his weapon at anyone. It also claimed that it was legal for him to wander around the airport openly carrying a weapon.

My guess is that this is an American airport. [Roll Eyes]

A recent visit to the county palace of justice (as I call this whale of an office building/prison now oppressively dominating the skyline of our small county seat) was amusing. In order to renew my passport, I was directed to the sheriff's office to get my picture taken. There was one and only one application form on the counter. Was it for getting passport pictures taken? No, it was for getting a concealed-carry permit. Apparently, this is the most popular reason to enter the sheriff's office.

But at the entrance to the building, I had to shed coat, shoulder bag, wallet, watch, shoes, etc. and pass through the metal detector-- which test I often fail nevertheless (thanks to my iron constitution, perhaps). I didn't ask whether I could keep my gun if I had a concealed-carry permit, but suspect I'd have to leave it with them. The powers-that-be want no citizens with guns in their backyard. It's just everywhere else that it's o.k.
 
Posted by LeRoc (# 3216) on :
 
quote:
orfeo: I've already said I entirely agree with you that the police need good training and good tactics to avoid these fatal confrontations, but it simply does not follow, in my view, that this has a significant bearing on whether a fatal confrontation that DOES occur is a crime.
Some checks and balances are needed. My impression of the police in all of these situations:I don't care about the distinction between civil and criminal law. Heck, I don't even know where this distinction lies. If a crane driver doesn't follow procedures and because if this someone gets killed, he should at least be charged. The same with the cop.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by LeRoc:
I don't care about the distinction between civil and criminal law. Heck, I don't even know where this distinction lies. If a crane driver doesn't follow procedures and because if this someone gets killed, he should at least be charged. The same with the cop.

You clearly DO care, because being charged is criminal law. If Brown's family want to sue the police force, then there'll be a whole different set of issues and questions to deal with, but as soon as you talk about charging people you are talking about looking to CONVICT someone of a crime. We don't go around charging people so that everyone can go "oh well, at least he was charge".

Presumably you want every driver involved in a fatal accident charged as well? They fit all your criteria. Licensed. Broke a road rule. Somebody died. What's missing, of course, is any consideration of how bad the breach of the road rule actually was - as I said before, you're reasoning entirely from the severity of the consequence, and not the severity of the breach.

[ 27. November 2014, 01:26: Message edited by: orfeo ]
 
Posted by LeRoc (# 3216) on :
 
quote:
orfeo: You clearly DO care, because being charged is criminal law.
I don't know and don't fucking care what fucking kind of law it is. I am not a lawyer.

If someone breaks a rule of traffic and because of this someone dies, then yes, I expect this person to be charged. How severe the breach of the rule has been can then be considered in a court of law. Maybe he will be convicted, maybe he won't. But at least an impartial body has taken a look at that.
 
Posted by Ikkyu (# 15207) on :
 
quote:
Originally posted by Alogon:
My guess is that this is an American airport. [Roll Eyes]

Yes, it was the Phoenix Airport in Arizona were I live.
A few years back I went to a pro immigration rally.
There were a few counter demonstrators wielding automatic weapons and it was apparently legal judging by the reaction of the police that was there. I wonder what the reaction of the Ferguson police would be if a few people decided to exercise their second amendment rights by bringing automatic weapons to the protest.
Would it make a difference if they were not white like the people in the Arizona protest?
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by LeRoc:
quote:
orfeo: You clearly DO care, because being charged is criminal law.
I don't know and don't fucking care what fucking kind of law it is. I am not a lawyer.

If someone breaks a rule of traffic and because of this someone dies, then yes, I expect this person to be charged. How severe the breach of the rule has been can then be considered in a court of law. Maybe he will be convicted, maybe he won't. But at least an impartial body has taken a look at that.

And why is a court the only thing that counts as impartial? Most people who are involved in traffic accidents are not friends of the police or the prosecutor.

My problem with your position is this: it's one size fits all. I don't think mandatory charging is any better than mandatory sentencing. Both are, in my view, totally against the notion of individual justice requiring looking at the facts of the individual case.

I think that means that police and prosecutors should look at the facts of the individual case JUST as much as it means that courts should look at the facts of the individual case.
 
Posted by ldjjd (# 17390) on :
 
That's a huge "should", Orfeo. I don't think it's a stretch to claim that the police and the prosecutor generally have a pro-police bias in matters involving officer misconduct. Juries tend not to be a whole lot different, but at least in a real trial there is the possibility that evidence submitted will be subject to meaningful challenge.

The O.J. trial is a notable example of police testimony being totally demolished while the trial court jury (and nearly the whole country) watched.

In any event, if the present case had gone to trial, I wonder who would have prosecuted? I wouldn't bank on a strong prosecution on the part of the St. Louis County Prosecutor's Office. If the prosecution were to be farmed out to independent counsel, there is the possibility of some surprises.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by ldjjd:
That's a huge "should", Orfeo. I don't think it's a stretch to claim that the police and the prosecutor generally have a pro-police bias in matters involving officer misconduct. Juries tend not to be a whole lot different, but at least in a real trial there is the possibility that evidence submitted will be subject to meaningful challenge.

I agree. And I had thought about making that specific point that in cases such as this one, where there's a possibility of a lack of impartiality, then it should be open to more scrutiny.

But: (a) I didn't make that point in that last post because the conversation with LeRoc had gone in a far more general direction, not merely talking about investigation of police, and (b) this case HAS been opened to more scrutiny. We have the whole transcript of evidence. We have plenty of opportunity to assess just what the grand jury had before them, precisely so that we can decide for themselves whether their decision was reasonable.

There is more supporting evidence for Wilson in this case than there was for either Pistorius or Zimmerman, in the other controversial cases we've done to death in the Ship in recent times. There is physical evidence that backs him up, and there are witness accounts that back him up. I find it very hard to see that a trial is worthwhile in those circumstances, because it's hard to see how, even with cross-examination, enough of that evidence is going to fold to meet the requirement to disprove self-defence beyond reasonable doubt. And I can come to that opinion precisely BECAUSE the evidence has been released. That's the scrutiny, right there, and it's a lot cheaper than going to a trial that is going to end in an acquittal anyway.

[ 27. November 2014, 05:36: Message edited by: orfeo ]
 
Posted by Golden Key (# 1468) on :
 
quote:
Originally posted by ldjjd:
The O.J. trial is a notable example of police testimony being totally demolished while the trial court jury (and nearly the whole country) watched.

Actually, the entire legal process was demolished. Start with jurors asking OJ for his autograph, and Judge Ito's strangeness, and go from there.
 
Posted by Pooks (# 11425) on :
 
quote:
Originally posted by Ikkyu:
The people who were using the phrase "Honor his memory". Were doing it to promote non violence.
Which in context is a worthwhile goal.
What they where honoring is the value of human life.

While I do agree with you that promoting non violence is a worth while goal and value of human life is also a good thing, I just don't think 'honour' is a fitting word in this case.
quote:
Its interesting that you call him a "robber".
Is the policeman a "shooter"? Or maybe better a "killer"?


I called Michael Brown a robber because the evidence showed him to be one. In terms of the police, if we were discussing the police in this case, then yes, I would have no problem saying the policeman is the 'shooter' or alternatively, a 'killer' depending on the context of the conversation because it's factually correct. What I do have problem with is the kind of thinking that says because someone died a violent death, therefore we must all pretend that he was an innocent victim. (This, by the way, is not the same as saying his life has no value.) In case you were wondering, I also have a problem with the thinking that says all policemen are always right. Both statements are equally stupid in my view.
quote:
Is death the appropriate punishment for a "robber". Is it easier to kill a "robber" than an 18 year old man?

I didn't say anything about punishment one way or the other precisely because I know there are those who are more able to think and speak on this issue. If you show me where I said anything about punishment for a robber then I will tell you whether it's appropriate or not.

What's interesting to me is that you have used the word 'punishment' several times now to refer to the shooting, which implied that you know exactly what motive was in the policeman's head when he pulled the trigger. I have no clue whether the shooting was meant as a punishment or just a tragic consequence of a scared witless policeman who was out of his depth, who then took the fatal option of shooting to solve his problem. There are culpabilities in both scenarios, but the two are not the same. Of course there is also a third option that it was a genuine defence case. The point is, you have pointed a finger at me as someone who belived that shooting was a fitting punishment for a robber, when I haven't even decided whether the shooting was intended as a punishment or not.
quote:
What makes me so angry is not that I KNOW that the policeman was guilty. (Of course I don't)
It is that now we will probably never know for sure. This was not a trial. Both sides were not presented. There is conflicting testimony from both sides that would benefit from proper cross examination.
If I was that policeman and I knew I was innocent I would want a chance to prove it in court.
Of course, there would still be people that would question the outcome of any trial. But they would have a much weaker argument.

While I can understand your anger, I can not understand the grotesque way that you misrepresented what I wrote. I probably would have agreed with you on the issue of the process of justice in this case, but for the fact that I don't know enough US law to be able to discuss it intelligently. Which is my short coming of course, but that doesn't give you the right to project your own view over mine, however limited my view may be at this point.
 
Posted by Timothy the Obscure (# 292) on :
 
quote:
Originally posted by Lamb Chopped:
A grand jury can interview pretty much anybody they damn well want to. And not being idiots, this one chose to hear from basically anybody with the slightest connection to the case. That would certainly include the accused.

That is just not true. The grand jury hears whatever witnesses the DA chooses to present to them. Normally, the DA presents the case for the prosecution in its most minimal form--just enough to show that there is a case--and then suggests to the grand jury the range of charges they might choose to indict on.

In this case, the DA dumped all the evidence there was in the jurors' lap, clearly emphasizing the inconsistencies in the eyewitness testimony, and offered no instruction about possible charges (he acknowledged this in the press conference). He had the potential defendant testify for four hours, also very unusual (it may be that potential defendants should get to present their side of the case to grand juries--but somehow this doesn't happen when the defendant is not a white police officer). What really happened was that McCulloch used the grand jury as a trial jury, and he acted more as a defense attorney than an prosecutor.
 
Posted by Barnabas62 (# 9110) on :
 
Timothy

I appreciate the argument about normal use. From this side of the pond, the odd thing is the fact that the grand jury processes are normally used by the prosecutor to "indict a ham sandwich" if he wants to. Reading the 5th Amendment, the constitutional position appears to have been to prevent prosecutorial strong-arming a case before a jury unless there was "probable cause". The normal reading of "probable" hardly suggests "not obviously not guilty" but that seems to be the way it gets used.

On reflecting, I'm now pretty convinced that the prosecutor wanted to kick the case, not necessarily out of any pro-police bias but because of the evidence. You might argue a bit of both. But from what's out there now, reasonable doubt is a shoe in. So he used the process to share responsibility, for political reasons as well as legal ones.
 
Posted by LeRoc (# 3216) on :
 
quote:
orfeo: My problem with your position is this: it's one size fits all. I don't think mandatory charging is any better than mandatory sentencing. Both are, in my view, totally against the notion of individual justice requiring looking at the facts of the individual case.
He should be charged as an individual of course. But the comparison with a traffic incident is irrelevant. When a law enforcer engages someone, doesn't use his training and his procedures to control the situation and then shoots, he should be charged, yes.

And in my view, if it is indeed true that he didn't try to use his training and procedures to control the situation, he cannot claim self-defence and he's guilty.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by LeRoc:
But the comparison with a traffic incident is irrelevant.

Why? Why is a comparison with a crane operator apt, but not a comparison with a car driver?

Your thesis had to do with having qualifications or licensing. It now seems that your thesis is actually to do with having uncommon qualifications, but I don't know why this makes a difference.

And I certainly don't know why you think being charged with a crime is an appropriate response to any failing to follow the correct procedures for one's job. Surely it's disciplinary action from your employer or your professional body that is appropriate. If you were proposing that a police officer should face disciplinary action for a breach of procedure, I would entirely agree (in fact, I think I already have).

If this particular police officer has breached a procedure (which is not at all obvious - as previously noted, neither of us has a clue about that so this entire branch of discussion is extremely theoretical despite your apparent confidence that he MUST have failed to handle the situation properly given there was a death - as if the actions of the other person had nothing to do with it and police officers can always gain control of the situation if they really want to) then it would be entirely appropriate for him to be disciplined in some way.

But I cannot see why you think being charged with a crime is the appropriate method for professional discipline, or why it should suddenly become the appropriate method based on the result of death. Why is it that you are focusing on the consequence as the measure of culpability? It makes no sense.

It's simply not the case that the result of our actions is correlated with what we did. This morning, I dropped an item that I've dropped more than once before, but this time I dropped it on a harder surface and it broke. This doesn't mean I was somehow more clumsy today than the other times I dropped it.

And 2 days ago, a cricket ball was bowled and as a result a man is dead. It's simply not true that the bowler was more reckless than other bowlers, or that the ball was more dangerous than thousands of other balls bowled in exactly the same way. If the bowling action had been outside the laws of the game of cricket, this wouldn't have meant that it was appropriate to charge the bowler over the death.

Responsibility for our actions is not the same responsibility for the consequences of our actions.

[ 27. November 2014, 11:20: Message edited by: orfeo ]
 
Posted by Moo (# 107) on :
 
quote:
Originally posted by Pooks:
quote:
Originally posted by Ikkyu:
Its interesting that you call him a "robber".
Is the policeman a "shooter"? Or maybe better a "killer"?

I called Michael Brown a robber because the evidence showed him to be one.
The convenience store video shows Brown committing strong-arm robbery

Moo
 
Posted by LeRoc (# 3216) on :
 
quote:
orfeo: Why? Why is a comparison with a crane operator apt, but not a comparison with a car driver?
Because a crane operator is doing it as a profession, and received training and regulations because of this.

The fact that Wilson is a cop is very relevant. This has to do with qualifications, yes, but also with the fact that a cop is allowed to do things that other people aren't. With these entitlements come responsabilities.

When I go into an operation room, a surgeon is allowed to do things that other people aren't. He is allowed to cut my body, inject it with potentially poisonous substances ... He is only allowed to do that because he has a training and because he follows this training. If he just improvises (which is very much what Wilson did) and I die, it is his fault.

A friend of mine is an ambulance driver. As soon as he turns on the siren, normal traffic rules don't apply to him. But he is trained to drive under these circumstances. If he just improvises and someone dies, the fault is his.

Wilson stopped Browne for jaywalking. The moment he did this, Browne became his responsibility, and he is required to use all of his training to guarantee Browne's safety. He didn't do anything of that, he just improvised. Browne is dead, and it is his fault.

As I argued in another thread, killing someone in self-defence should only be allowed as a last resort. First, you should do everything in your power to prevent this situation from occurring. The fact that a cop has special training, that we specifically pay him to deal with aggressive people, puts more of a burden on him to avoid having to resort to self-defence.

The rule should be: if a law enforcing official chooses to engage someone, doesn't use his training to take control of the situation, and ends up shooting someone, he can't claim self-defence. Period.

I know that self-defence laws in the US don't say this, but this is because these laws are stupid. Black people are disproportionately the victims of this. Which makes it an issue of race.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by LeRoc:
The fact that Wilson is a cop is very relevant. This has to do with qualifications, yes, but also with the fact that a cop is allowed to do things that other people aren't. With these entitlements come responsabilities.

Okay, fine.

quote:
Wilson stopped Browne for jaywalking. The moment he did this, Browne became his responsibility, and he is required to use all of his training to guarantee Browne's safety.

Okay... Except for the part where you're asking for a guarantee. How exactly do you guarantee such a thing? Try to achieve it, sure, need to use your professional best efforts, sure, but I have a hard time with the notion that a police officer is in a position to give an absolute guarantee about a person's safety. He's a police officer. He's not God.

quote:
He didn't do anything of that, he just improvised.

This strikes me as a bald assertion rather than an assessment of the evidence. What are the correct procedures here? What procedure are you claiming Wilson didn't follow?

It seems, as I've said before, very much that you're reasoning backwards from a death occurring and reasoning "he MUST have done something wrong". In the last couple of years our own High Court threw out a work health and safety case against an employer because it used that kind of reasoning: it's not good enough to point to a death and say "you had responsibility, so it's your fault and you must have done the wrong thing". Unless and until you identify what was the wrong thing, the thing that could have been done differently and was obviously a better choice without a downside, this claim doesn't hold up.

So please identify what was the decision that went outside the boundaries of correct procedure. Stopping the car? Trying to open the car door? Trying not to get shot in the leg?

You keep positing this world where a policeman is inherently in control of the situation as soon as he wants to be. It somehow seems ironic that you are the one ascribing police officers with these amazing powers and skills. I just see them as fairly fallible human beings with a bit of training.

quote:
As I argued in another thread, killing someone in self-defence should only be allowed as a last resort. First, you should do everything in your power to prevent this situation from occurring. The fact that a cop has special training, that we specifically pay him to deal with aggressive people, puts more of a burden on him to avoid having to resort to self-defence.
Well, sorry, but that isn't the law, and I for one think you are proposing a deeply unrealistic burden, and again you are creating notions of a world where 1 person is in control of everything, as if others around them are just passive objects rather than people with autonomy who may act contrary to the same interests, and indeed contrary to their OWN interests. "Everything in your power?" Who says I have power beyond the control of my own voice and limbs? Who says I gain power over a confrontational, physically aggressive person just because I'd like to have it?

Who says, for that matter, that my sole responsibility is to that confrontational, physically aggressive person in front of me, and not to the road-users, the bystanders, or the shopkeeper who I suspect was robbed by this guy a few minutes ago?

The law requires reasonableness in self-defense. It does not require best practice. I'm not aware of ANYWHERE that has self-defence laws along the lines you propose, never mind the US. Because the real world isn't anywhere near as neat and tidy as the theory you're presenting, and because laws have to be written before the fact rather than after (something I am personally acutely aware of).

The prospect of self-defence not being open if someone comes along later and points out you had a better choice is, frankly, a bit nightmarish. Can you imagine the hesitation that would require? Self-defence is not a planned procedure with a checklist, even for a cop with training. Self-defence is a quick thing happening in the moment, in a situation that is inevitably unique in some way and different in some way from whatever training mock-up you went through.

No-one makes perfect decisions without the time in which to make decisions. Even Roger Federer hits the ball out. Your proposed model of best practice self-defence is imposing a requirement for considered choice where there is unlikely to be any opportunity for considered choice. It's unjust.
 
Posted by Beeswax Altar (# 11644) on :
 
quote:
Originally posted by LeRoc:
quote:
orfeo: My problem with your position is this: it's one size fits all. I don't think mandatory charging is any better than mandatory sentencing. Both are, in my view, totally against the notion of individual justice requiring looking at the facts of the individual case.
He should be charged as an individual of course. But the comparison with a traffic incident is irrelevant. When a law enforcer engages someone, doesn't use his training and his procedures to control the situation and then shoots, he should be charged, yes.

And in my view, if it is indeed true that he didn't try to use his training and procedures to control the situation, he cannot claim self-defence and he's guilty.

Shortly after Michael Brown was killed, my wife contacted a former parishioner who was chief of police in a city with a high crime rate. He is also African-American. She wanted to know under what circumstances Wilson would have been justified in using force. His reply was that if Brown tried to take away Wilson's gun that using deadly force was justified. The police officer would prevent a person from taking their gun at all cost.

After Brown attacks Wilson, injures him, and then goes for his gun, Brown must then be seen as a danger not only to the officer but potentially to others. Apprehending him becomes a priority. Brown then flees. Wilson being a police officer whose job is to arrest those who pose a threat gives pursuit. Brown turns around and comes forward. Wilson shoots him because he must stop a person who has already shown himself to be a danger. Perhaps, Michael Brown turned around and tried to surrender but Wilson interpreted that as a charge. The notion that once Michael Brown started to charge or come towards Wilson that Wilson should have holstered his gun and pulled out pepper spray or a baton is just silly. One, Brown demonstrated the intent and ability to injure Wilson. Two, if Brown had been charging Wilson, it is unlikely he was going to wait while Wilson got his baton or pepper spray. For the record, most acts of aggression towards police don't end in death.
 
Posted by LeRoc (# 3216) on :
 
quote:
orfeo: Okay... Except for the part where you're asking for a guarantee.
Words again. 'Do everything reasonably in his power to try to guarantee' if you want to be a lawyer. Later on your post you're setting up the strawman that I'd think that a police officer can be in control of everything. They can't. But for me, they should do everything reasonable to try, in order to claim self-defence. According to his own story, Wilson didn't try.

quote:
orfeo: What procedure are you claiming Wilson didn't follow?
I'm not a cop. But he should have followed the procedure that supposedly is in place when someone tries to grab a police officer's gun in a car. The procedure that supposedly is in place when a big person comes charging towards a police officer. The procedure of using you authority to try to calm things down. I don't see Wilson trying to do any of this.

He just struggled, got out of his car, got scared and shot. That's not the behaviour of a police officer.

quote:
orfeo: Who says, for that matter, that my sole responsibility is to that confrontational, physically aggressive person in front of me, and not to the road-users, the bystanders, or the shopkeeper who I suspect was robbed by this guy a few minutes ago?
At the moment Wilson shot Browne, he wasn't directly threatening road-users, bystanders or the shopkeeper.

quote:
orfeo: In the last couple of years our own High Court threw out a work health and safety case against an employer because it used that kind of reasoning: it's not good enough to point to a death and say "you had responsibility, so it's your fault and you must have done the wrong thing".
It becomes different if you can show that this employer hasn't followed safety procedures.

quote:
orfeo: No-one makes perfect decisions without the time in which to make decisions.
The decision not to make use of his training to take control of the situation wasn't a split-second decision.
 
Posted by LeRoc (# 3216) on :
 
quote:
Beeswax Altar: His reply was that if Brown tried to take away Wilson's gun that using deadly force was justified.
I strongly disagree with this. There are ways for a policeman to try to prevent someone to take his gun that don't involve deadly force. Otherwise, the policeman shouldn't carry a gun.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by LeRoc:
He just struggled, got out of his car, got scared and shot.

In my opinion that is so wildly inaccurate that I don't see the point of carrying on this conversation further. It is quite clear to me that you have a picture of what the factual evidence is that is markedly different from the picture that I have (and, I note, Beeswax Altar, and a few others), such that it is pointless trying to have a discussion about the law and theory.

You are constantly making positive declarations that Wilson didn't follow correct procedure, but you can't articulate what the PROCEDURES are. You just keep saying he should have achieved a different RESULT. Which is exactly what I said about in my last post about the Australian work health and safety case.

And when Beeswax tells you that actually, the procedure when someone tries to get your gun is pretty much what Wilson does, you just change to "well I disagree with the procedure then".

We get that you would have a different procedure. With all due respect, nobody in Missouri cares about the procedure you would write. If you're going to say the requirement is "follow the procedure", this is fundamentally different from "follow MY procedure".

[ 27. November 2014, 13:24: Message edited by: orfeo ]
 
Posted by Barnabas62 (# 9110) on :
 
LeRoc

There is Beeswax Altar's post.

And there is this post, citing the Washington Post.

I think it is quite reasonable to argue that Missouri law may stand in need of reform.

FWIW, I think the legal backing for the whole gun culture in the US is in urgent need of reform.

And no doubt there are a whole bunch of social inequity issues in and around Ferguson which may also be in urgent need of reform.

If I lived in the US I would probably be active in the reformers' lobbies on all those issues.

But none of those factors make the case against Officer Wilson for any form of unlawful killing a good case. It isn't a good case. It just isn't.
 
Posted by LeRoc (# 3216) on :
 
quote:
Beeswax Altar: Wilson being a police officer whose job is to arrest those who pose a threat gives pursuit.
By getting out of his car and thinking "what the hell should I do next?" When a police officer decides to give pursuit, he should be prepared for the fact that the suspect could charge back at him. When that does happen, it shouldn't have to be a split-second decision anymore.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by LeRoc:
When a police officer decides to give pursuit, he should be prepared for the fact that the suspect could charge back at him.

In your experience, how common is it for a person heading away from a man with a gun to change direction and move towards them?

This is undoubtedly what happened in this particular case, but without the benefit of hindsight, how likely do you think this behaviour is such that it should be prepared for?

And if it's prepared for, what exactly are you proposing you're supposed to do about it?

[ 27. November 2014, 13:30: Message edited by: orfeo ]
 
Posted by LeRoc (# 3216) on :
 
quote:
orfeo: You are constantly making positive declarations that Wilson didn't follow correct procedure, but you can't articulate what the PROCEDURES are.
The way I understand it from Wilson's own statement, he didn't follow any procedure at all to try to guarantee the safety of the person he decided to engage.

quote:
orfeo: We get that you would have a different procedure. With all due respect, nobody in Missouri cares about the procedure you would write.
I have every right to have an opinion on procedures in other countries. If what Wilson did is police procedure in Missouri, then these procedures are stupid. And if black people are disproportionately the victims of this, then this is a race problem.
 
Posted by LeRoc (# 3216) on :
 
quote:
orfeo: In your experience, how common is it for a person heading away from a man with a gun to change direction and move towards them?
I don't know and I don't care how probable it is. It is a possibility and police should be prepared for it.

quote:
orfeo: And if it's prepared for, what exactly are you proposing you're supposed to do about it?
I'm a layman, but I can think of a number of things. Only patrol the streets in pairs. Call for backup. Try to use your authority to calm down the situation. Have your pepper spray ready before you pursue someone. The police will have to work it out for themselves.
 
Posted by Twilight (# 2832) on :
 
Thank you for that information, Beeswax, and Orfeo for this:"The law of negligence expects people holding themselves out as professionals to meet professional standards."

I think that was what the officer was talking about when George Stephanapolous asked him if he would do anything differently.

He had examined his own actions under the rules of his job and felt that he had no choice but to try and stop someone who had assaulted him and tried to seize his gun. He had a duty to pursue the criminal while waiting for back-up.

He is now being pilloried in the press as a man who is, "cold as ice," when he was talking about his job not his personal feelings. If he has an average person's sensitivity he will probably always have sleepless nights over this and that's just one more thing that Michael Brown is responsible for.


quote:
Originally posted by LeRoc:
Some checks and balances are needed. My impression of the police in all of these situations:


[*] This policeman had never used his weapon before. If that's someone who "likes to use his gun," then I can't imagine what you're basing this on.
[*]I thought he seemed to rely on his training throughout the sequence of events. I'm sure when he got up that day he wasn't expecting someone to blatantly refuse to obey his orders, pin him in his own car, punch him in the head until he felt himself losing consciousness, try to grab his gun with likely intent to kill. It was his training that got him through that.
[*] I think there are quite a few legal checks and balances and they are pretty easy to understand if you don't quit blinding yourself with emotional hot buttons like, "racist history," "innocent teenage boy" "death penalty for robbery," etc. None of which apply in this case.

Michael Brown died because he tried to beat up a police officer and take his gun, then refused the order of "Stop, police." If he had ever, once watched a crime drama on TV he knew better.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by LeRoc:
quote:
orfeo: You are constantly making positive declarations that Wilson didn't follow correct procedure, but you can't articulate what the PROCEDURES are.
The way I understand it from Wilson's own statement, he didn't follow any procedure at all to try to guarantee the safety of the person he decided to engage.

That's an evasion of the point. You have to know that there was a procedure that he was required to follow before you can say that he breached the procedure. Assuming for the sake of argument you're correct to say "he didn't follow any procedure" (something I would not automatically agree with having read part of his testimony where he explains his thought processes), this still means absolutely nothing unless there was, in fact, a procedure that covered the situation and that he should have been following.

You can't establish a breach of a requirement until you establish the requirement. And "ensure everybody's safety" is not a procedural requirement. That's just an outcome. If there's a procedure, it will tell you best practice towards achieving that outcome.
 
Posted by LeRoc (# 3216) on :
 
quote:
Twilight: [*] I think there are quite a few legal checks and balances and they are pretty easy to understand if you don't quit blinding yourself with emotional hot buttons like, "racist history," "innocent teenage boy" "death penalty for robbery," etc. None of which apply in this case.
Show me where I have used any of these terms.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by LeRoc:
quote:
orfeo: In your experience, how common is it for a person heading away from a man with a gun to change direction and move towards them?
I don't know and I don't care how probable it is. It is a possibility and police should be prepared for it.

quote:
orfeo: And if it's prepared for, what exactly are you proposing you're supposed to do about it?
I'm a layman, but I can think of a number of things. Only patrol the streets in pairs. Call for backup. Try to use your authority to calm down the situation. Have your pepper spray ready before you pursue someone. The police will have to work it out for themselves.

I'm not going to lay a murder charge against a police officer on the grounds that he failed to patrol in pairs, because most likely it's not his personal decision. He DID call for backup. He tried to use his authority and encountered a belligerent large man who punched him. He discusses in the transcript why he didn't use pepper spray at the car, and the notion that you can use pepper spray while pursuing someone is just bizarre. It's not a long-distance tool.

The police do have to work out it for themselves, yes, but you are the person who is offering the opinion that the police have got it wrong. If this is the extent of your suggestions as to what should have been done differently, I remain unimpressed.

[ 27. November 2014, 13:44: Message edited by: orfeo ]
 
Posted by LeRoc (# 3216) on :
 
quote:
orfeo: You can't establish a breach of a requirement until you establish the requirement. And "ensure everybody's safety" is not a procedural requirement. That's just an outcome. If there's a procedure, it will tell you best practice towards achieving that outcome.
Sorry, it's not up to me to establish the requirements of the Missouri police. I'm not supposed to be an expert. These requirements should be that a police officer should try to do everything to guarantee the safety of someone he decides to engage with. How this works out in detail is up to them.
 
Posted by LeRoc (# 3216) on :
 
quote:
orfeo: and the notion that you can use pepper spray while pursuing someone is just bizarre. It's not a long-distance tool.
According to your own admission, pepper spray can be helpful if the subject you persue doesn't run but becomes aggressive. Wilson wasn't prepared for that.
 
Posted by Twilight (# 2832) on :
 
quote:
Originally posted by LeRoc:
quote:
Twilight: [*] I think there are quite a few legal checks and balances and they are pretty easy to understand if you don't quit blinding yourself with emotional hot buttons like, "racist history," "innocent teenage boy" "death penalty for robbery," etc. None of which apply in this case.
Show me where I have used any of these terms.
Okay, sorry. I think a lot of people are thinking this but you didn't say it so, okay, I withdraw that. I guess that's the only reason I can think of that I might be defending Michael Brown.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by LeRoc:
quote:
orfeo: You can't establish a breach of a requirement until you establish the requirement. And "ensure everybody's safety" is not a procedural requirement. That's just an outcome. If there's a procedure, it will tell you best practice towards achieving that outcome.
Sorry, it's not up to me to establish the requirements of the Missouri police. I'm not supposed to be an expert. These requirements should be that a police officer should try to do everything to guarantee the safety of someone he decides to engage with. How this works out in detail is up to them.
Then stop asserting with such certainty that he failed to meet the standards of a police officer. Because you don't know anything of the sort. You just feel that he must have failed to meet the standard on the grounds of your perception that European police manage not to kill people.
 
Posted by LeRoc (# 3216) on :
 
quote:
orfeo: Then stop asserting with such certainty that he failed to meet the standards of a police officer. Because you don't know anything of the sort. You just feel that he must have failed to meet the standard on the grounds of your perception that European police manage not to kill people.
Exactly. And that's a good standard.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by LeRoc:
quote:
orfeo: and the notion that you can use pepper spray while pursuing someone is just bizarre. It's not a long-distance tool.
According to your own admission, pepper spray can be helpful if the subject you persue doesn't run but becomes aggressive. Wilson wasn't prepared for that.
Because that's not in keeping with the facts about their respective positions. By the time Wilson got out of his car, there was a considerable distance between the car and Brown. This is precisely the fact that some people were originally using to portray this as the gunning down of a man running away.

There's no reason to prepare for a person who isn't going to run when the person is already moving away from you. That's what pursuit MEANS. It doesn't mean that the guy is currently standing next to you.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by LeRoc:
quote:
orfeo: Then stop asserting with such certainty that he failed to meet the standards of a police officer. Because you don't know anything of the sort. You just feel that he must have failed to meet the standard on the grounds of your perception that European police manage not to kill people.
Exactly. And that's a good standard.
It's not a procedural standard. It's a result, an outcome. That's what I've been telling you the whole time.
 
Posted by LeRoc (# 3216) on :
 
quote:
orfeo: It's not a procedural standard. It's a result, an outcome. That's what I've been telling you the whole time.
Words again.

The police in any country should have procedures in place to try their best to guarantee the safety of the people they engage with, and police officers should follow these procedures. I'm not in a court of law, I'm discussing on an internet forum. It's not up to me what these procedures should be, but they should be there. I have no indications at all that this kind of procedures has been followed in this case.

When a cop kills someone, this should automatically be investigated by a sufficiently independent body.
 
Posted by LeRoc (# 3216) on :
 
quote:
orfeo: There's no reason to prepare for a person who isn't going to run when the person is already moving away from you. That's what pursuit MEANS. It doesn't mean that the guy is currently standing next to you.
You should prepare for the fact that he might stop running.
 
Posted by orfeo (# 13878) on :
 
Every time you refer to "words", I find myself wondering why you think words and the meaning of words aren't important.

If all you're going to talk about is an outcome, you could replace all the road rules with a single rule:

Don't Crash The Car.

But we don't have that. We don't leave it up to individual drivers to figure out for themselves how to live up to that rule, and do it in the context of a whole mass of other drivers who may or may not be especially interested in achieving that same outcome for not only themselves, but every other driver.

Road rules are procedures, not outcomes. Road rules are procedures designed to help drivers achieve the desired result of Not Crashing The Car. They don't entirely guarantee that result, but they certainly help.

Telling police officers Don't Kill People is not a procedure that can be followed. It's just an outcome.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by LeRoc:
quote:
orfeo: There's no reason to prepare for a person who isn't going to run when the person is already moving away from you. That's what pursuit MEANS. It doesn't mean that the guy is currently standing next to you.
You should prepare for the fact that he might stop running.
Previously the claim was that you should prepare for the fact that he might start running towards you. Which is not the same thing.

We've got 3 different scenarios here: a person standing still and becoming aggressive, a person running away who then stops, and a person charging towards you. They are simply not the same, and they are not equally likely.

I know. Words.

[ 27. November 2014, 14:04: Message edited by: orfeo ]
 
Posted by Barnabas62 (# 9110) on :
 
@ LeRoc

Maybe. Do shoulds and oughts prove anything about what is? Basically, they are an assertion that what is is wrong, that things ought to be different.

And once again, that's big picture stuff. I'm not arguing with you about big picture stuff. I probably agree with you about that. I also agree with the grand jury re this specific case. That's not me being contrary, either.

[ 27. November 2014, 14:03: Message edited by: Barnabas62 ]
 
Posted by Beeswax Altar (# 11644) on :
 
Prosecutor: Ladies and gentleman of the jury. I'm asking you to convict Darren Wilson of murder in the first degree. Why? Because, damn it, this might not have happened in Europe. The state rests.

[Roll Eyes]
 
Posted by LeRoc (# 3216) on :
 
quote:
orfeo: Previously the claim was that you should prepare for the fact that he might start running towards you. Which is not the same thing.
Normally when you are running away, before running back again you stop.

Hereby I give you LeRoc's procedure for pursuing a suspect:
  1. Run after him.
  2. If he shows signs of stopping or turning around, bring out your pepper spray. You should be trained to do this in the time it takes him to turn around.
  3. If he comes towards you in an aggressive way, use the pepper spray.

Of course it is flawed, but if I as a layperson can come up with something like this, surely the police can think of something better.

I'll send the bill to the Missouri police later.

quote:
Barnabas62: Maybe. Do shoulds and oughts prove anything about what is? Basically, they are an assertion that what is is wrong, that things ought to be different.
I'm not sure if I understand you. I'm not trying to prove anything, like I said I'm not in a court of law. But I do feel that things are wrong here.
 
Posted by LeRoc (# 3216) on :
 
quote:
Beeswax Altar: Prosecutor: Ladies and gentleman of the jury. I'm asking you to convict Darren Wilson of murder in the first degree. Why? Because, damn it, this might not have happened in Europe. The state rests.
It is the duty of the police in any country to follow procedures that try to guarantee the safety of the person you choose to engage with. If the police in Europe does this, but this police officer in the US didn't even try, then yes. At least manslaughter.

[ 27. November 2014, 14:16: Message edited by: LeRoc ]
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by Beeswax Altar:
Prosecutor: Ladies and gentleman of the jury. I'm asking you to convict Darren Wilson of murder in the first degree. Why? Because, damn it, this might not have happened in Europe. The state rests.

[Roll Eyes]

This is pretty much the essence of why it's wrong to try to use individual court cases to address systemic problems.

When there is an ongoing discrepancy between the outcomes in different places, then there should be questions for the Chief of Police and others in that kind of position of authority. There should be an examination of procedures. There should, in general, be questions asked about why there is a worse outcome 'here' then 'there'.

This is in fact exactly what happened in Australia a few years ago, when one of the states (Victoria I think) had had a markedly higher rate of police shootings over a period compared to the other states. There was a systemic investigation. I confess to not recalling the outcomes, other than noting that there are no longer media stories about there being one state with a markedly high rate of police shootings.

But like Barnabas, I can entirely agree with the need for that kind of systemic investigation while completely rejecting LeRoc's belief that this somehow translates into the prosecution of individual police officers for failing to achieve the same outcome as individual police officers in another country.

It seems to have got to the level of asserting that each individual police officer is required to know how to achieve the safety of those around them, based on knowing best practice elsewhere. Which is roughly equivalent to me getting into trouble for failing to follow the road rules of the country with the lowest accident rate.
 
Posted by LeRoc (# 3216) on :
 
quote:
orfeo:This is pretty much the essence of why it's wrong to try to use individual court cases to address systemic problems.
Now this is something I agree with.
 
Posted by no prophet's flag is set so... (# 15560) on :
 
quote:
Originally posted by LeRoc:
quote:
orfeo:This is pretty much the essence of why it's wrong to try to use individual court cases to address systemic problems.
Now this is something I agree with.
With the problem that there is nothing addressing the systemic problems, as previously noted.
 
Posted by cliffdweller (# 13338) on :
 
quote:
Originally posted by no prophet's flag is set so...:
quote:
Originally posted by LeRoc:
quote:
orfeo:This is pretty much the essence of why it's wrong to try to use individual court cases to address systemic problems.
Now this is something I agree with.
With the problem that there is nothing addressing the systemic problems, as previously noted.
And I fail to see how one can deal with the systemic problems w/o exploring what happened in the individual cases.
 
Posted by Ikkyu (# 15207) on :
 
quote:
Originally posted by Pooks:
[QUOTE]
While I do agree with you that promoting non violence is a worth while goal and value of human life is also a good thing, I just don't think 'honour' is a fitting word in this case.

I was discussing your claim that they were celebrating a "robber".
Now you seem to agree with me that they were not.

quote:

What I do have problem with is the kind of thinking that says because someone died a violent death, therefore we must all pretend that he was an innocent victim. (This, by the way, is not the same as saying his life has no value.) In case you were wondering, I also have a problem with the thinking that says all policemen are always right. Both statements are equally stupid in my view.

What do you mean by saying he is not "an inocent victim"? Is he guilty of a capital crime? Which one? You keep insisting you don't mean it that way but it sounds that way. I never used the phrase "innocent victim". I even said I don't really know what really happened in my post. I was arguing in favor of a trial not a guilty veredict.

quote:

I didn't say anything about punishment one way or the other precisely because I know there are those who are more able to think and speak on this issue. If you show me where I said anything about punishment for a robber then I will tell you whether it's appropriate or not.

When you use "the robber" and "not an inocent victim"

quote:

While I can understand your anger, I can not understand the grotesque way that you misrepresented what I wrote.

I never said "Pooks believes he deserved to die". If you understood that I am sorry. I ASKED if the death penalty was appropiate for a robbery. Fully hoping you would disagree with that statement and explain what you mean by "not an innocent victim" and "robber". If you did not mean to defend the shooting using those words.
 
Posted by no prophet's flag is set so... (# 15560) on :
 
quote:
Originally posted by cliffdweller:
And I fail to see how one can deal with the systemic problems w/o exploring what happened in the individual cases.

That is not only right, it isn't even wrong. Because there's lots of individual cases and it really doesn't matter than there's yet another. Because yet another shooting means merely there's someone else dead and another young cop got to try out his penis.
 
Posted by Pooks (# 11425) on :
 
Ikkyu, I think you and I have an obvious problem with communication. Perhaps our different cultures mean that we use words and understand them differently. To me, when I say A, I mean A and A does not equate to B. But you seem to think that A and B are always linked. If we carry on we will only go in circles. To spare the hosts and other shipmates from the tediousness of our argument on this side issue (not to mention the possibility of bleeding eyes) I think I will just stop here and wish you well. I hope that's OK.
 
Posted by Barnabas62 (# 9110) on :
 
Individual cases may help the diagnosis that something is wrong. But good diagnosis is not the same as cure.

LeRoc, Beeswax said it better than I did. We can't judge the criminality of anyone except under the criminal law which applies. Sure, you can assert moral culpability according to your own moral standard, but that doesn't affect findings of legal guilt or innocence. And it would be wrong if it did.

Reminds me of a comment in re Watergate. Something like this, from one of the Supreme Court clerks, as a spoof during the drafting of the Supreme Court judgement..

"Executive privilege has not only got a good constitutional basis, it is a very important to safeguard the principle of its use by any sitting President.

But we're going to ignore any dangerous precedents we set in this case because Nixon is a crook and somebody ought to throw his ass in jail."

(From Woodward's book about the Supreme Court I think.).

Pretty funny of course, but the serious point is the courts have to apply the law as it stands, no matter how pragmatic or vengeful some of its officers may be feeling.
 
Posted by cliffdweller (# 13338) on :
 
quote:
Originally posted by Barnabas62:
Individual cases may help the diagnosis that something is wrong. But good diagnosis is not the same as cure.

Yes. But good diagnosis-- not just that "something's wrong" but what precisely is wrong & how and where and when and why-- is an essential element of finding the cure. If we think we're dealing with the flu and it turns out to be ebola, skipping over those individual particularities to just say "oh, you're sick-- something's wrong" would be (and has been) deadly. I would argue the same is true here. Which is why a public examination-- not necessarily a trial but some sort of examination of all those individual particularities-- is essential to healing what appears to be much closer to ebola than the flu.
 
Posted by Leorning Cniht (# 17564) on :
 
quote:
Originally posted by Ikkyu:
Did you read my link? The police arrested him because 2 women in the airport said that they felt threatened and that he did point the gun in their direction.

Apparently, I read it better than you.

It did indeed say that two women felt threatened. It didn't say that he was threatening them. They were probably feeling threatened because they had just seen a random guy with a scary-looking gun.

It also said that they were especially scared when the gun pointed in their direction. From that article,
quote:
According to a probable cause statement, Steinmetz "proceeded to remove the Stag Arm AR-15 from his right shoulder, thus causing the muzzle to face two victims sitting to the right."
There's no suggestion there that Steinmetz's fingers were anywhere near the trigger, or that the gun was held in a shooting position.

The article doesn't say, but the description sounds like a man removing the gun from his shoulder and placing it across his lap so he can sit down. Poor muzzle discipline? Sure. Unsafe? Quite possibly. But not threatening.

[ 27. November 2014, 17:38: Message edited by: Leorning Cniht ]
 
Posted by LeRoc (# 3216) on :
 
quote:
Barnabas62: We can't judge the criminality of anyone except under the criminal law which applies. Sure, you can assert moral culpability according to your own moral standard, but that doesn't affect findings of legal guilt or innocence. And it would be wrong if it did.
But we do. In some countries it is perfectly legal to beat up or even kill your wife. Yet, we judge it to be wrong.

I'm well aware that my voice carries no weight at all, and that it won't affect the findings. Duh. But to me there are problems with the law and the system that regulate the police in the US, and I believe that what Wilson did is wrong. So, even if his laws say he isn't, I find him guilty, and in a better system he would be prosecuted.
 
Posted by ldjjd (# 17390) on :
 
Here is a firm critique that can be applied to the the Wilson grand jury proceedings on the part of someone who is anything but a bleeding heart, anti-police, liberal
 
Posted by Doublethink. (# 1984) on :
 
It is said justice should be done, and be seen to be done. In a case like this, it would have been in everyone's interest to have a full trial. The policeman could be properly acquitted, if appropriate, and the evidence heard and understood in public. It is suspicion of cover up which drives the unrest.
 
Posted by Byron (# 15532) on :
 
quote:
Originally posted by ldjjd:
Here is a firm critique that can be applied to the the Wilson grand jury proceedings on the part of someone who is anything but a bleeding heart, anti-police, liberal

a) It's debatable (four justices dissented)
b) State and federal grand juries are completely different. Many states have given targets the right to testify, and obliged prosecutors to introduce all relevant evidence. Federal grand juries are pretty much a rubber stamp. State grand juries can be anything but.
 
Posted by Golden Key (# 1468) on :
 
A couple of things:

--As far as Wilson's statement that it was his duty to follow Brown. I would think his duty was to wait for back-up.

--I have trouble accepting that Brown severely beat up Wilson's face. The pics I've seen look more like sunburn, or the aftermath of being around lots of steam. And there seems to be a shape to it, rather than impact spots.

There was a pic of a man with a bloodied face that went viral as a pic of Wilson, but it was someone else.

He may well have been beaten, but it doesn't look like it to me.

--Someone (LeRoc?) said that cops have a duty to always keep the safety of the person they're confronting in mind. That's a good idea, but I don't think I've ever heard that as a universal tenet of American policing--in theory or in practice.

There may well be cops who *do* keep that in mind, bless 'em. However, I've heard many, many news stories where the cops seem to put their own safety way ahead of anything else (understandable); and choose a quick, brutal approach to solving a situation. Especially
when the person in question is mentally ill. Like the 2011 story I mentioned up thread, where a SF man in a wheelchair had stabbed an officer (and from that or another article I read, it sounded like that was partly to the officer's lack of caution in approaching him), and the police shot the man. (Far more details in the article.)
 
Posted by Eigon (# 4917) on :
 
I've been reading an article in the Huffington Post, which lays out the story of what happened as told by the police department (or various members of it). What struck me was the total incompetence they were all owning up to - the photographer who didn't have spare batteries for their camera, the scene of crime officers who didn't take basic measurements, the fact that the officer's gun was not tested for fingerprints (since this would have given evidence of whether or not Michael Brown had touched it at any time).
Honestly, I'd sack the lot of them, and draft in officers from somewhere else.
 
Posted by mousethief (# 953) on :
 
quote:
Originally posted by Leorning Cniht:
The article doesn't say, but the description sounds like a man removing the gun from his shoulder and placing it across his lap so he can sit down. Poor muzzle discipline? Sure. Unsafe? Quite possibly. But not threatening.

Seriously? He may not have intended to threaten them. But if you've ever looked down (or rather UP) the business end of an automatic (or semi-automatic) weapon, as I have, you can definitely feel threatened.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by LeRoc:
quote:
Barnabas62: We can't judge the criminality of anyone except under the criminal law which applies. Sure, you can assert moral culpability according to your own moral standard, but that doesn't affect findings of legal guilt or innocence. And it would be wrong if it did.
But we do. In some countries it is perfectly legal to beat up or even kill your wife. Yet, we judge it to be wrong.

I'm well aware that my voice carries no weight at all, and that it won't affect the findings. Duh. But to me there are problems with the law and the system that regulate the police in the US, and I believe that what Wilson did is wrong. So, even if his laws say he isn't, I find him guilty, and in a better system he would be prosecuted.

I might consider it wrong that someone in another country is allowed to beat up his wife. But I would never express that by saying that he is guilty. Guilty of what? Of breaking the laws of MY country? Of breaking my moral code?

No. I would say that the law of his country is wrong. That it needs changing.

When you talk about an individual person being guilty, you are saying he is the problem. If you mean that the law is the problem, that the system is the problem, don't sheet it home on the individual. You cannot reasonably demand that an individual follow a law that does not exist. You cannot expect me to follow the better road rules of another country with a lower road death rate.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by Doublethink.:
It is said justice should be done, and be seen to be done. In a case like this, it would have been in everyone's interest to have a full trial. The policeman could be properly acquitted, if appropriate, and the evidence heard and understood in public. It is suspicion of cover up which drives the unrest.

How is the evidence not being made available to the public? Between the release of the transcript and the endless reporting via social media in the days following the incident, lack of evidence is hardly a problem.
 
Posted by Enoch (# 14322) on :
 
quote:
Originally posted by LeRoc:
... Wilson stopped Browne for jaywalking. The moment he did this, Browne became his responsibility, and he is required to use all of his training to guarantee Browne's safety. ...

No he didn't and wasn't. Throughout this sad episode, Brown was Brown's responsibility. Nobody should ever lose sight of that.
 
Posted by LeRoc (# 3216) on :
 
quote:
orfeo: I might consider it wrong that someone in another country is allowed to beat up his wife. But I would never express that by saying that he is guilty.
I would. I guess we express ourselves differently then.

quote:
orfeo: No. I would say that the law of his country is wrong. That it needs changing.
That too.

quote:
orfeo: You cannot expect me to follow the better road rules of another country with a lower road death rate.
But I do. In some countries, calling on your cell phone while driving isn't illegal. Yet if someone does in such a country and kills a child, I'd say that he's guilty. Even if the laws of his country say that is not.

Adherents of the ISIS kaliphate behead people. I'd say that they are guilty, no matter if the laws of the Kaliphate says they're not.

quote:
Enoch: No he didn't and wasn't. Throughout this sad episode, Brown was Brown's responsibility. Nobody should ever lose sight of that.
When a police officer engages a person, he is responsible to take every reasonable measure to try to guarantee the safety of that person. It troubles me that you think he isn't.
 
Posted by Moo (# 107) on :
 
quote:
Originally posted by Golden Key:
--I have trouble accepting that Brown severely beat up Wilson's face. The pics I've seen look more like sunburn, or the aftermath of being around lots of steam. And there seems to be a shape to it, rather than impact spots.

Is there any explanation of how Wilson developed sunburn on certain areas of his face, while the rest of it was not sunburned? Is there any evidence that Wilson had been exposed to steam on certain areas of his face, and not the rest of it?

As far as the use of pepper spray is concerned, Wilson testified that while he was in the car, pepper spray would have done no good because Brown's hands were in a position that protected his face.

Moo
 
Posted by Eliab (# 9153) on :
 
quote:
Originally posted by Ikkyu:
What makes me so angry is not that I KNOW that the policeman was guilty. (Of course I don't)
It is that now we will probably never know for sure. This was not a trial. Both sides were not presented. There is conflicting testimony from both sides that would benefit from proper cross examination.
If I was that policeman and I knew I was innocent I would want a chance to prove it in court.
Of course, there would still be people that would question the outcome of any trial. But they would have a much weaker argument.

If you are prepared to trust a trial verdict as being a generally reliable way of finding truth (not perfect - as a professional advocate I know that they aren't), then you are just plain wrong about that. A 'no case to answer' finding is stronger than a 'not guilty' verdict. It expresses more certainty in the accused's innocence, not less.

A not guilty verdict is 12 citizens deciding that the prosecution has not proved its case. This decision is 12 citizens deciding that there is no real chance that the prosecution could prove its case. It's a decision that there's no point having the trial because there's no basis on which the man could be convicted.

It seems to me that there are two reasons suggested why this shouldn't have happened: one, that there's a public interest in having a show trial anyway, just so other people think the case was taken seriously even though the grand jury have decided he'd almost certainly be acquitted, and two, the grand jury process was flawed here, because the prosecutor set out the whole of the evidence, including points favourable to the defence, for the jury to consider, rather than going all-out for an indictment on a slanted view of the facts.

The answer to the first objection is "What the fuck? Are you serious?!?".

The answer to the second objection is "What the fuck? Are you serious?!?".
 
Posted by Byron (# 15532) on :
 
quote:
Originally posted by Eliab:
[...] A 'no case to answer' finding is stronger than a 'not guilty' verdict. [...]

Word.

All those saying, "Send it to trial regardless," what you're suggesting is unconstitutional. Under the Fourth Amendment, a person can't be charged without probable cause. This is considered so important that there's a constitutional right to a probable cause hearing within 48 hrs of arrest. (Scalia, who's quoted approvingly above, wanted it to happen even faster.)

What you're arguing for is the right of the state to prosecute someone without cause. That's dangerous beyond the telling of it, and if it existed, we can guarantee that many minorities would fall victim.
 
Posted by Doublethink. (# 1984) on :
 
There is a difference between no case to answer, and a low chance of a guilty verdict. There is self-evidently a thing to be explained, he shot an unarmed man. Now he, and the prosecutor and the grand jury, think he has a good explanation - but that doesn't mean he has no case to answer.

There is, for example, conflicting eye witness testimony.
 
Posted by cliffdweller (# 13338) on :
 
quote:
Originally posted by Eigon:
I've been reading an article in the Huffington Post, which lays out the story of what happened as told by the police department (or various members of it). What struck me was the total incompetence they were all owning up to - the photographer who didn't have spare batteries for their camera, the scene of crime officers who didn't take basic measurements, the fact that the officer's gun was not tested for fingerprints (since this would have given evidence of whether or not Michael Brown had touched it at any time).
Honestly, I'd sack the lot of them, and draft in officers from somewhere else.

Indeed. Enough incompetence in gathering evidence that one might wonder if it all that group incompetence could really be all that accidental...
 
Posted by Byron (# 15532) on :
 
A no-case-to-answer ruling comes at the end of the prosecution's evidence: it means there's no prima facie case been made out. But to get to that stage, first there must be probable cause.

Contradictory witnesses can easily be reason to decide there isn't any. Looking at the evidence, to I reasonably believe that Wilson committed a crime? No, I don't. The forensics matched his statements, witnesses admitted they didn't see what they initially claimed they saw.

Can I suspect that he's guilty? Sure, but people don't get sent to trial on mere suspicion.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by Doublethink.:
There is a difference between no case to answer, and a low chance of a guilty verdict. There is self-evidently a thing to be explained, he shot an unarmed man. Now he, and the prosecutor and the grand jury, think he has a good explanation - but that doesn't mean he has no case to answer.

It means exactly that. If a finding of self-defence is inevitable given the burden of proof, which requires self-defence to be disproved beyond reasonable doubt, then there is no case to answer.
 
Posted by Byron (# 15532) on :
 
Another issue for those who want this to go to trial: what exactly would be gained by a prosecution case in open court?

Prosecution witnesses cross-examined? That wouldn't be to find the truth, it'd be to discredit them. In any case, grand jurors already asked questions.

Assuming it doesn't get kicked with a directed verdict, you get the defense. Again, this isn't trying to find the truth, it's trying to make out justification (self-defense), and further discredit the prosecution.

End result: exactly the same thing, acquittal. Gains: none I can see. Adversarial trials aren't truth seeking exercises; they're a slightly more civilized form of combat.
 
Posted by orfeo (# 13878) on :
 
I have to say, I am bit mystified why this case is exciting so much commentary, when the grounds for a conviction are so much weaker than, say the Trayvon Martin/George Zimmerman case, to the extent that is drowning discussion of the death of a 12-year-old boy with a toy gun.

If you wanted an emblematic case for the problems with police conduct, that is a far, far better candidate. Unlike Martin or Brown, that child was not an actual threat in any way, and the gap between the officer's arrival and the child's death is alarmingly small. That case poses FAR more questions about the quality of police procedures and training.

Surely, if we're going to start addressing this problem, let's start by solving the problem of harmless kids playing with toy guns getting killed before trying to solve the problem of large males committing robbery and assault getting killed. In an ideal world, neither should be killed, but it's fairly obvious to me which one ought to be more in the control of the police and cries out for remedial action.

So why are people not talking about it as much? Call me cynical, but I suspect it's because the authorities are seen to be taking the case seriously. People are fine with the authorities investigating these cases so long as they come to the 'right' conclusions.

This is pretty much why I throw up my hands in despair at there ever being any systemic change. Because even if the officer in Cleveland is disciplined or charged or whatever, the child is still dead. It is every bit as bad that this happened regardless of the consequences for the individual police officer.

Everyone seems so damned distracted by arguing the intricate details of individual cases that don't go the way they want, that they never have time to talk about how to stop the cases before they happen. I've seen the idea that a trial would be a step towards stopping future incidents, but frankly I think that's rubbish. Not even a conviction is a step towards stopping future incidents.

Individual cases are just media fodder. Setting out all the details of an individual case is SEXY. We lap it up. Real change is going to be boring and quiet and happen in meetings and back rooms and a lot harder work. The trial system is simply not interested in questions like "how do we stop similar tragedies in the future", it just makes a nice shiny distraction from the important things while people endlessly debate with hindsight whether the actors should have behaved different from how they actually did and decided which witness they find credible.

[ 27. November 2014, 23:37: Message edited by: orfeo ]
 
Posted by Byron (# 15532) on :
 
quote:
Originally posted by orfeo:
I have to say, I am bit mystified why this case is exciting so much commentary, when the grounds for a conviction are so much weaker than, say the Trayvon Martin/George Zimmerman case, to the extent that is drowning discussion of the death of a 12-year-old boy with a toy gun. [...]

The Zimmerman case is a good example of the pitfalls of sending a weak case to trial. Did airing the facts in open court bring catharsis? Hell no, it led to equal fury, in large part 'cause few people actually followed the details. All that mattered was the result.

The popular perception is still that "Zimmerman stalked Martin, then murdered him, and got away with it," instead of what emerged at trial (Zimmerman was jumped by Martin, pinned down, beaten, and fired when Martin went for his sidearm).

When people's minds are made up, trials don't help.
quote:
[...] Everyone seems so damned distracted by arguing the intricate details of individual cases that don't go the way they want, that they never have time to talk about how to stop the cases before they happen. I've seen the idea that a trial would be a step towards stopping future incidents, but frankly I think that's rubbish. Not even a conviction is a step towards stopping future incidents. [...]
Couldn't agree more. That's why so many people don't look at the evidence. They're fitting it to a prior agenda. I know it's easier to fight for a cause via concrete examples, but it's crucial to pick the right ones, and ensure the facts fit the agenda.
 
Posted by cliffdweller (# 13338) on :
 
quote:
Originally posted by orfeo:
If you wanted an emblematic case for the problems with police conduct, that is a far, far better candidate. Unlike Martin or Brown, that child was not an actual threat in any way, and the gap between the officer's arrival and the child's death is alarmingly small. That case poses FAR more questions about the quality of police procedures and training...

So why are people not talking about it as much? Call me cynical, but I suspect it's because the authorities are seen to be taking the case seriously. People are fine with the authorities investigating these cases so long as they come to the 'right' conclusions.

Well, yes. People tend to get more outraged when they perceive the authorities are sitting back and doing nothing to stop and injustice then they do when the authorities are taking a perceived injustice seriously and looking into the situation. Call me crazy, but that seems appropriate to me.


quote:
Originally posted by orfeo:
This is pretty much why I throw up my hands in despair at there ever being any systemic change. Because even if the officer in Cleveland is disciplined or charged or whatever, the child is still dead. It is every bit as bad that this happened regardless of the consequences for the individual police officer.

Everyone seems so damned distracted by arguing the intricate details of individual cases that don't go the way they want, that they never have time to talk about how to stop the cases before they happen. I've seen the idea that a trial would be a step towards stopping future incidents, but frankly I think that's rubbish. Not even a conviction is a step towards stopping future incidents.

Individual cases are just media fodder. Setting out all the details of an individual case is SEXY. We lap it up. Real change is going to be boring and quiet and happen in meetings and back rooms and a lot harder work. The trial system is simply not interested in questions like "how do we stop similar tragedies in the future", it just makes a nice shiny distraction from the important things while people endlessly debate with hindsight whether the actors should have behaved different from how they actually did and decided which witness they find credible.

Again, you seem to be completely missing the point that knowing the particulars of the individual situations is necessary in order to correctly diagnose the problem and come to that broader preventative solution you seek. There's no point getting a bunch of people together in a board room to talk about racism if the real problem turns out to be arming police with military weaponry-- or to talk about realistic toy guns if the problem is training. We HAVE to investigate and talk about the individual situations first in order to discover the broader trends that can be addressed in those board room meetings.
 
Posted by Moo (# 107) on :
 
I came across this interesting article.

Moo
 
Posted by orfeo (# 13878) on :
 
The problem, cliffdweller, is that I don't see people trying to understand the facts of the individual cases. I see, as Byron says, people trying to fit the facts to pre-existing agendas.

It still amazes me that Zimmerman was ever classified as 'white'. And it still puzzles me that people tried to portray Brown as an innocent victim with no responsibility for his own death.
 
Posted by cliffdweller (# 13338) on :
 
quote:
Originally posted by orfeo:
The problem, cliffdweller, is that I don't see people trying to understand the facts of the individual cases. I see, as Byron says, people trying to fit the facts to pre-existing agendas.

That is undoubtedly true, and (as pretty much everyone here has said) obviously not helpful. But neither is your suggestion that we should forget about the individual cases and move on to figuring out the bigger solutions. Again, that's impossible w/o first looking at the individual cases to see what happened and why, and to determine if there are any common causes that can be addressed. It is precisely because we all know that truth that we instinctively start looking for patterns in the absence of an investigation. As we've all acknowledged, that's problematic because the more we do that the more we're prone to confirmation bias. But the solution is not to slap people down for talking about individual cases, the solution is to bring the investigation into the light of day so the facts can be known and the conversation about systemic problems based on reality not speculation.


quote:
Originally posted by orfeo:
And it still puzzles me that people tried to portray Brown as an innocent victim with no responsibility for his own death.

Which "people"? No one here has suggested Brown is "innocent." However, many/most have suggested that robbery and even assault of a police officer are not capital offenses-- which does make him a victim. For the same reason, he is not responsible for his own death. Had he been apprehended and convicted of robbery and/or assault, he would be responsible for his later incarceration and loss of freedom. But having not committed a capital crime, he is not responsible for his own death. Whether or not anyone else is responsible is, of course, the question at hand.

[ 28. November 2014, 01:01: Message edited by: cliffdweller ]
 
Posted by Golden Key (# 1468) on :
 
Moo--

quote:
Originally posted by Moo:
quote:
Originally posted by Golden Key:
--I have trouble accepting that Brown severely beat up Wilson's face. The pics I've seen look more like sunburn, or the aftermath of being around lots of steam. And there seems to be a shape to it, rather than impact spots.

Is there any explanation of how Wilson developed sunburn on certain areas of his face, while the rest of it was not sunburned? Is there any evidence that Wilson had been exposed to steam on certain areas of his face, and not the rest of it?

Bearing in mind that I did go on to say that Wilson may well have been beaten, but it just didn't seem that way to me:

I've often seen uneven sunburns, due to goggles, a hat, falling asleep, etc.

Here are the official pics of Wilson's facial injuries, via HuffPost. "Struck with a fist" isn't the first thing that comes to my mind. The first pic does look like there *might* be the beginnings of a bruise on the upper right (his right) side of his face--except I think that's the lighting, because the next photo, more close-up, doesn't look that way to me.

Now, compare it with the pics from his mom's Tweet (via HuffPost). Ignore that bloody (literally) pic at the top of the page--it's unrelated, but went viral as a pic of Wilson.

Ok, the Tweet pics are a bit blurry; but IMHO his skin looks substantially the same as in the official pics--and there's evidently some sunburn, because you can see white skin that was probably covered by a hat. The time stamp is Feb. 11, with no year shown.

I don't know what happened. However, the pics don't look quite right to me, for what they're supposed to show.

YMMV.
 
Posted by Barnabas62 (# 9110) on :
 
I'm reading Byron, orfeo as saying that each individual case should be treated on its merits in determining a verdict BUT there may well be issues of wider policy or societal interest which the cases illuminate.

One of these, which Moo's link illustrates, is the inflammatory and destructive effects of "instant" media distortions and wild inaccuracies.

Despite the grand jury findings. I wonder what impact they will have on Officer Wilson's future? He can hardly return to work, or to his home, at least not for some considerable time.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by cliffdweller:
quote:
Originally posted by orfeo:
The problem, cliffdweller, is that I don't see people trying to understand the facts of the individual cases. I see, as Byron says, people trying to fit the facts to pre-existing agendas.

That is undoubtedly true, and (as pretty much everyone here has said) obviously not helpful. But neither is your suggestion that we should forget about the individual cases and move on to figuring out the bigger solutions. Again, that's impossible w/o first looking at the individual cases to see what happened and why, and to determine if there are any common causes that can be addressed. It is precisely because we all know that truth that we instinctively start looking for patterns in the absence of an investigation. As we've all acknowledged, that's problematic because the more we do that the more we're prone to confirmation bias. But the solution is not to slap people down for talking about individual cases, the solution is to bring the investigation into the light of day so the facts can be known and the conversation about systemic problems based on reality not speculation.


quote:
Originally posted by orfeo:
And it still puzzles me that people tried to portray Brown as an innocent victim with no responsibility for his own death.

Which "people"? No one here has suggested Brown is "innocent." However, many/most have suggested that robbery and even assault of a police officer are not capital offenses-- which does make him a victim. For the same reason, he is not responsible for his own death. Had he been apprehended and convicted of robbery and/or assault, he would be responsible for his later incarceration and loss of freedom. But having not committed a capital crime, he is not responsible for his own death. Whether or not anyone else is responsible is, of course, the question at hand.

Yes okay, fair enough on the first part. I guess it's the confirmation bias aspect that frustrates me.

As for who is treating Brown as innocent, I was thinking about other material I have seen online through things like Facebook and tumblr, rather than the discussion here.

Saying he did not commit a capital crime, and is therefore not responsible for his own death, is wrong in my view. Because a capital crime is only relevant to an execution, and it is the initial drive to portray this as an execution that is one of the problems. There is good evidence that he assaulted a police officer, tried to get an officer's gun, and charged at an officer. No-one seems to be asking: what did he THINK was going to happen while he was doing these stupid things?

It's perfectly possible to construct "but-for" scenarios to say that Wilson caused the death, but it is equally possible to construct "but-for" scenarios to say that Brown caused it as well (the law doesn't operate on such simple causation tests). It is far from the case that Brown was just a typical young black man minding his own business who was wrongly set upon. I accept that there ARE cases like that, but this is not even close to being one.

It's the failure to recognise Brown's significant contribution to his own death that is exactly the kind of confirmation bias that I have a problem with.

To lump Brown, Trayvon Martin and that 12-year-old kid in together as if they are all examples of the same thing just strikes me as fundamentally foolish. At one end we have a child who is a victim of other people's assumptions, in the middle we have Martin, a young guy who seems to have made an unfortunate choice about how to confront a perceived threat that was unnecessary, and then we have Brown using his size to commit crimes and intimidate people. These 3 people have skin colour in common, and they've all died, but that doesn't mean that they are all alike. In fact it's the very essence of racism to treat all of these deaths the same just because the skin colour of the killer was lighter than the skin colour of the deceased.

[ 28. November 2014, 02:01: Message edited by: orfeo ]
 
Posted by cliffdweller (# 13338) on :
 
quote:
Originally posted by orfeo:
As for who is treating Brown as innocent, I was thinking about other material I have seen online through things like Facebook and tumblr, rather than the discussion here.

Saying he did not commit a capital crime, and is therefore not responsible for his own death, is wrong in my view. Because a capital crime is only relevant to an execution, and it is the initial drive to portray this as an execution that is one of the problems. There is good evidence that he assaulted a police officer, tried to get an officer's gun, and charged at an officer. No-one seems to be asking: what did he THINK was going to happen while he was doing these stupid things?

It's perfectly possible to construct "but-for" scenarios to say that Wilson caused the death, but it is equally possible to construct "but-for" scenarios to say that Brown caused it as well (the law doesn't operate on such simple causation tests). It is far from the case that Brown was just a typical young black man minding his own business who was wrongly set upon. I accept that there ARE cases like that, but this is not even close to being one.

It's the failure to recognise Brown's significant contribution to his own death that is exactly the kind of confirmation bias that I have a problem with.

The problem I have here is the false polarity. There is a far cry from Brown not being a robber or even possibly a thug (i.e. "typical young black man minding his own business") and him causing his own death. Part of the problem with your polarity is the assumption that someone has to be at fault. There is a range of possibilities between Wilson being 100% responsible and Brown being 100% responsible, including all manner of tragic unfortunate accident and/or poorly trained personnel and/or stupid mistakes or some tragic combination thereof. All manner of things are possible-- which, again, is precisely why we need a thorough and transparent investigation of this and other individual case before rushing to systemic solutions.


quote:
Originally posted by orfeo:
There is good evidence that he assaulted a police officer, tried to get an officer's gun, and charged at an officer. No-one seems to be asking: what did he THINK was going to happen while he was doing these stupid things?

...It's the failure to recognise Brown's significant contribution to his own death that is exactly the kind of confirmation bias that I have a problem with.

Whether or not those things are in "good evidence" is still debatable, based on the discussion here-- which, again, is precisely why greater public transparency is needed. The fact that you rush past how debatable those are to ask "what did he THINK was going to happen" clearly demonstrates your own confirmation bias.

And again, we all are prone to confirmation bias-- particularly in the absence of any real data. It is regrettable and can have awful consequences, but it is a normal and forceable response when the facts are kept from the public. As someone once said, "what did he THINK was going to happen"?

Of course, as was mentioned upthread, the real problem in Ferguson may be the response to the shooting and the subsequent protests. Having a son-in-law who was "detained" (for 6 hours) at one of the original (lawful, peaceful) protests an hour before curfew, I'm a bit closer to that situation.
 
Posted by orfeo (# 13878) on :
 
Cliffdweller, where do you think I talked about 100% responsibility? I said the exact opposite.

As for whether the facts are debatable, I'm sorry, but I'm not even going to attempt to dignify suggestions like Wilson was suffering from sunburn. I find that claim absurd.

[ 28. November 2014, 02:22: Message edited by: orfeo ]
 
Posted by Leorning Cniht (# 17564) on :
 
quote:
Originally posted by mousethief:
Seriously? He may not have intended to threaten them. But if you've ever looked down (or rather UP) the business end of an automatic (or semi-automatic) weapon, as I have, you can definitely feel threatened.

But there is a difference between "I feel threatened by you" and "you are threatening me".

For example, and because we're having a racism discussion, there are a large number of white people who feel threatened when they encounter a large black man walking down the street at night. They feel threatened because their upbringing, personal history and prejudices lead them to believe that they are in danger of being attacked by him.

The black man in my story isn't threatening them - he isn't threatening anyone. He's going about his perfectly lawful business and is on his way home.
 
Posted by cliffdweller (# 13338) on :
 
quote:
Originally posted by orfeo:
Cliffdweller, where do you think I talked about 100% responsibility? I said the exact opposite.

As for whether the facts are debatable, I'm sorry, but I'm not even going to attempt to dignify suggestions like Wilson was suffering from sunburn. I find that claim absurd.

Indirectly here:


quote:
There is good evidence that he assaulted a police officer, tried to get an officer's gun, and charged at an officer. No-one seems to be asking: what did he THINK was going to happen while he was doing these stupid things?

It's perfectly possible to construct "but-for" scenarios to say that Wilson caused the death, but it is equally possible to construct "but-for" scenarios to say that Brown caused it as well (the law doesn't operate on such simple causation tests). It is far from the case that Brown was just a typical young black man minding his own business who was wrongly set upon. I accept that there ARE cases like that, but this is not even close to being one.

It's the failure to recognise Brown's significant contribution to his own death that is exactly the kind of confirmation bias that I have a problem with.


 
Posted by cliffdweller (# 13338) on :
 
quote:
Originally posted by orfeo:

To lump Brown, Trayvon Martin and that 12-year-old kid in together as if they are all examples of the same thing just strikes me as fundamentally foolish. At one end we have a child who is a victim of other people's assumptions, in the middle we have Martin, a young guy who seems to have made an unfortunate choice about how to confront a perceived threat that was unnecessary, and then we have Brown using his size to commit crimes and intimidate people. These 3 people have skin colour in common, and they've all died, but that doesn't mean that they are all alike. In fact it's the very essence of racism to treat all of these deaths the same just because the skin colour of the killer was lighter than the skin colour of the deceased.

I note that in both Martin and Brown's case you accept the shooter's version of events as "true", even tho in both cases that chain of events is in dispute. Again, evidence of your own confirmation bias. We all do it.

But yes, to your point, these are very different situations. There are some relevant similarities and some relevant differences. As Soong-Chan Rah argues in The Next Evangelicalism: Freeing the Church from Western Cultural Captivity systemic corporate racism thrives precisely because of this individualization-- because those in power insist on treating each instance of potential racism as an individual sin w/o looking at the broader patterns in our society and culture that propagate racial inequality.

Both approaches are needed. We need to investigate each individual case on it's own particular merits-- freely, openly, publicly-- especially when it comes to any criminal or professional investigation. But those individual facts need to be part of the whole as well. We need to come back and examine the individual similarities in order to discern any ongoing systemic factors that may or may not be at play in some or all of the cases.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by cliffdweller:
quote:
Originally posted by orfeo:
Cliffdweller, where do you think I talked about 100% responsibility? I said the exact opposite.

As for whether the facts are debatable, I'm sorry, but I'm not even going to attempt to dignify suggestions like Wilson was suffering from sunburn. I find that claim absurd.

Indirectly here:


quote:
There is good evidence that he assaulted a police officer, tried to get an officer's gun, and charged at an officer. No-one seems to be asking: what did he THINK was going to happen while he was doing these stupid things?

It's perfectly possible to construct "but-for" scenarios to say that Wilson caused the death, but it is equally possible to construct "but-for" scenarios to say that Brown caused it as well (the law doesn't operate on such simple causation tests). It is far from the case that Brown was just a typical young black man minding his own business who was wrongly set upon. I accept that there ARE cases like that, but this is not even close to being one.

It's the failure to recognise Brown's significant contribution to his own death that is exactly the kind of confirmation bias that I have a problem with.


If you think that "significant contribution" and explicitly saying it is possible to construct but-for tests for both men is indirectly a statement of 100% responsibility, then you are spectacularly wrong. You have quoted the EXACT passage I was going to point you to show that I had not said what you seem to think I said.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by cliffdweller:
I note that in both Martin and Brown's case you accept the shooter's version of events as "true", even tho in both cases that chain of events is in dispute. Again, evidence of your own confirmation bias.

Actually, it's evidence of the fact that I pay attention to physical evidence like injuries and corroboration from independent witnesses, but have it your way.
 
Posted by Golden Key (# 1468) on :
 
quote:
Originally posted by orfeo:
As for whether the facts are debatable, I'm sorry, but I'm not even going to attempt to dignify suggestions like Wilson was suffering from sunburn. I find that claim absurd.

FYI: I simply said that's the way it looks to me. I know that bruises sometimes take days to show up, but I haven't seen any pics of Wilson with actual facial bruises. A couple of pics of other guys went viral, labeled as Wilson, but weren't him.
 
Posted by cliffdweller (# 13338) on :
 
quote:
Originally posted by Golden Key:
quote:
Originally posted by orfeo:
As for whether the facts are debatable, I'm sorry, but I'm not even going to attempt to dignify suggestions like Wilson was suffering from sunburn. I find that claim absurd.

FYI: I simply said that's the way it looks to me. I know that bruises sometimes take days to show up, but I haven't seen any pics of Wilson with actual facial bruises. A couple of pics of other guys went viral, labeled as Wilson, but weren't him.
fwiw, the red marks on this face do look like bruises to me-- but pretty minor ones, more like what you'd see from a hard slap. It suggests to me an altercation, possibly enough to enrage Wilson w/o endangering him. But really not enough to go on one way or 'nother.

[ 28. November 2014, 02:47: Message edited by: cliffdweller ]
 
Posted by Barnabas62 (# 9110) on :
 
cliffdweller

There is a collection of photos in the evidence released. Presumably that's what you're working with? They are in the photograph section here.

Whether bruises would show would depend on the timing of the photos. IME it takes time for bruises to come out.

FWIW, I think the close ups with the measuring rulers in place show that he's been hit, rather than slapped. This wasn't a stand up fight; the exchanges took place while the officer was sitting in the car.

Dorian Johnson's account of the incident doesn't confirm any hitting by Michael Brown. But his evidence that Brown's hands and arms were not in the car at any stage is contradicted by the forensic evidence.

Wilson was hit and scratched in ways which give some support to his testimony. I suppose you might argue that the lumps and scratches were applied afterwards and the bullet holes and tissue evidence in the forensic findings were faked after the event.

I've read these parts of the evidence as providing corroboration of Wilson's testimony and casting,at the least, reasonable doubt over Dorian Johnson's. Johnson's testimony about the car scene is worth reading in this context. You can find it in Vol 4. His testimony starts at p 17 and the car stuff is a fair way forward from that.

[ 28. November 2014, 10:14: Message edited by: Barnabas62 ]
 
Posted by Eigon (# 4917) on :
 
If Wilson had been taken to the hospital and looked at straight after the incident, I'd accept the picture showed that Brown hit him. But he wasn't taken in until the next day, according to the police officers quoted in the Huff Post - so anyone could have hit him in the meantime while they were concocting the story he was going to tell.
Maybe Wilson is telling the truth, but there's that big gap between the incident and the hospital to account for.

And actually, in the light of the incompetence shown by the police department in this case, I'm wondering about their general clear up rate for crimes in Ferguson of any sort. I'm betting it's pretty low, and I also bet that residents of Ferguson under-report crime because they don't thing the police will do anything about it.
I wonder if anyone knows?
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by Eigon:
If Wilson had been taken to the hospital and looked at straight after the incident, I'd accept the picture showed that Brown hit him. But he wasn't taken in until the next day, according to the police officers quoted in the Huff Post - so anyone could have hit him in the meantime while they were concocting the story he was going to tell.

Wow. I just love the conspiracy theories developing here.

Never mind that independent witnesses confirm there was an altercation at the car. Never mind that there is physical proof of Wilson's gun going off in the car. We have just GOT to find a way to maintain that Brown did nothing wrong and that damn white policeman just shot him for no reason.

THIS is what confirmation bias looks like. I've been accused of confirmation bias myself, apparently ignoring the fact that (1) in the Trayvon Martin case I changed my position, (2) in the Cleveland case I'm saying I'm very much inclined to the view that the police officer is in the wrong.

I'm basing my views on the actual evidence available, and the simplest explanation of most evidence is that it's the evidence. Not some conspiracy out of the plot of your favourite thriller.

[ 28. November 2014, 10:27: Message edited by: orfeo ]
 
Posted by L'organist (# 17338) on :
 
Re the photographs of Officer Wilson:

If a rugby player came off the pitch on a Saturday looking that good he'd either be thrilled and/or in for a bollocking for not trying.

just sayin' [Biased]
 
Posted by orfeo (# 13878) on :
 
I have officially had enough of this appalling conversation. It's like Lindy Chamberlain all over again. "You don't look beat up enough" = "You don't look upset enough". Bye.

[ 28. November 2014, 10:28: Message edited by: orfeo ]
 
Posted by Moo (# 107) on :
 
quote:
Originally posted by Eigon:
If Wilson had been taken to the hospital and looked at straight after the incident, I'd accept the picture showed that Brown hit him. But he wasn't taken in until the next day, according to the police officers quoted in the Huff Post - so anyone could have hit him in the meantime while they were concocting the story he was going to tell.

This is the first time I have heard the statement that Wilson did not go to the hospital until the next day. All the reports I have seen said that Wilson was taken to the hospital a few hours after the shooting.

Moo
 
Posted by Eliab (# 9153) on :
 
I can't be the only person whose taken a knock by accident or while playing some sport that has left me dazed, nauseous or winded, but has left no physical mark.

I also can't be the only person ever to have got into a shower, noticed a bruise, cut or scrape, and thought "How the Hell did I do that?"

Given the ordinariness of both experiences, by what measure do we judge that a face in a photo looks bruised enough to corroborate evidence of a fight?
 
Posted by itsarumdo (# 18174) on :
 
if you see this in the shower in the morning, you've probably just accidentally bumped into a door frame a few times on the way to bed...
 
Posted by Enoch (# 14322) on :
 
quote:
Originally posted by orfeo:
I have officially had enough of this appalling conversation. It's like Lindy Chamberlain all over again. "You don't look beat up enough" = "You don't look upset enough". Bye.

That's a pity. You're about the only person on this thread who makes sense.
 
Posted by itsarumdo (# 18174) on :
 
There I was minding my own business leaning against lamppost, cleaning my nails with a knife, and this guy ran into me 16 times
 
Posted by Pooks (# 11425) on :
 
quote:
Originally posted by Eliab:
I can't be the only person whose taken a knock by accident or while playing some sport that has left me dazed, nauseous or winded, but has left no physical mark.
I also can't be the only person ever to have got into a shower, noticed a bruise, cut or scrape, and thought "How the Hell did I do that?"
Given the ordinariness of both experiences, by what measure do we judge that a face in a photo looks bruised enough to corroborate evidence of a fight?

You are not the only person who has experienced what you have described, but that's not the real issue here. The real issue is what justice should look like in peoples' minds. If the evidence doesn't help them get there, then the evidence must be discredited. This is a technique used in court by lawyers, so it's not surprising that it has surfaced here time and time again as well. It's not always a right or wise thing to do, but it's not surprising.

I think as Orfeo stated up thread somewhere, perhaps a discussion on how and what processes are going on to improve the justice system in the States, so that it serves all people equally well, would be a better topic for moving on in this discussion. I for one would be interested to know what processes are involved when there is a need to improve either the law or policing method in the States. I know that in England at least that there are constant reforms going on, sometimes it's financially driven, sometimes it's about efficiency, but there are also efforts to look at how the police can serve the communities better and what they can do to to avoid antagonising local communities. If the law needs to change, I know there often will be some open debates in the upper and lower Houses of Parliament shown on TV, which we can follow, so we know what the sticking points are with the proposed change that was being considered. Are there similiar drives and methods for improving how law and policing work in the States that's open and accountable to the people?
 
Posted by Barnabas62 (# 9110) on :
 
quote:
Originally posted by orfeo:
It's like Lindy Chamberlain all over again.

It is a bit! I don't mind, though. One of the good things about this place is its range.

Confirmation bias at work? Well, possibly; but seeing a possibility is not the same as saying it definitely happened that way.
 
Posted by Barnabas62 (# 9110) on :
 
quote:
Originally posted by Eigon:
If Wilson had been taken to the hospital and looked at straight after the incident, I'd accept the picture showed that Brown hit him. But he wasn't taken in until the next day, according to the police officers quoted in the Huff Post - so anyone could have hit him in the meantime while they were concocting the story he was going to tell.

There is evidence of the timing of the photographs to be found in Volume 3, Eigon. The witness states that the photographs were taken on the same day. The photographs were date stamped and signed. Each photograph was discussed in some detail. The key testimony is from p 14 forward.

That's what the grand jury had to go on. Do you have any reason to believe that the official testimony is less reliable than a date printed in a Huff Post account some time after the event?
 
Posted by Chesterbelloc (# 3128) on :
 
quote:
Originally posted by Barnabas62:
seeing a possibility is not the same as saying it definitely happened that way.

True. Unless, that is, you refuse to consider any other possibility for which there is reasonable evidence as respectably credible. And I think there might be a bit of that going on.

[ 28. November 2014, 17:45: Message edited by: Chesterbelloc ]
 
Posted by Dave W. (# 8765) on :
 
quote:
Originally posted by Barnabas62:
quote:
Originally posted by orfeo:
It's like Lindy Chamberlain all over again.

It is a bit! I don't mind, though. One of the good things about this place is its range.

Confirmation bias at work? Well, possibly; but seeing a possibility is not the same as saying it definitely happened that way.

I don't think that's a fair comparison. These pictures have been submitted as evidence of a desperate struggle; it's not a stray impression that people shouldn't be drawing conclusions from. Perhaps few people have experience dealing with the emotions of those who have lost children under such traumatic circumstances; far more have a reasonable idea of what the result of a fight tends to looks like.

Unless the prosecution also had some authoritative source for comparison to appeal to regarding what marks such a struggle could be expected to leave, a jury would be left to rely on its own judgment. I don't see why you (or more clearly Orfeo) think calling out "confirmation bias" should be particularly persuasive in this case.
 
Posted by Porridge (# 15405) on :
 
quote:
Originally posted by cliffdweller:
Indeed. Enough incompetence in gathering evidence that one might wonder if it all that group incompetence could really be all that accidental...

This. Remember, the police here are investigating a situation involving one of their own.

On the other side of the question, however, when Le Roc compares European policing to US policing. he seems to forget that, in vast swathes of the US, many citizens carry firearms on their persons. When a suspect turns around and heads toward a cop who is in pursuit, that cop had better be prepared to be shot at. Of course our cops are a bit trigger-happy; they are often in very real danger of being shot at themselves.

It's my understanding, possibly faulty, that this possibility is considerably rarer in Europe than in the US.

Lastly, re: Doublethink's concern about coverup: the complete evidence presented to the grand jury has been released and is available to anyone who cares to read it.

To some, this may look like transparency.

To others, including me, this could be a version of coverup. The average American adult, I recently read somewhere, spends about 4 and 1/2 minutes a day reading anything. If you seriously want to cover something up, release it in print, in dense and copious quantities. It will remain safely ignored by the vast majority of the populace.
 
Posted by Barnabas62 (# 9110) on :
 
Dave W.

I think you cross posted with my response to Eigon re photograph dating and timing. I've looked at all the evidence online. One of the less easy aspects of Hosting is to look at links in some detail.

I'm not accusing Eigon of confirmation bias. It's possible that he hadn't looked at Volume 3. I hadn't seen the Huff Post article.

Bias is normal, Dave W. So confirmation bias is always a possibility.

I don't have any axe to grind here. I'm reading this stuff for information, but not necessarily taking any of it on face value.
 
Posted by Barnabas62 (# 9110) on :
 
quote:
Originally posted by Porridge:
quote:
Originally posted by cliffdweller:
Indeed. Enough incompetence in gathering evidence that one might wonder if it all that group incompetence could really be all that accidental...

re: Doublethink's concern about coverup: the complete evidence presented to the grand jury has been released and is available to anyone who cares to read it.

To some, this may look like transparency.

To others, including me, this could be a version of coverup. The average American adult, I recently read somewhere, spends about 4 and 1/2 minutes a day reading anything. If you seriously want to cover something up, release it in print, in dense and copious quantities. It will remain safely ignored by the vast majority of the populace.

Clearly I'm not like your average American.

I'd assess the likelyhood of the US media spending little time on the published detail as pretty close to zero, particularly given their initial and continuing published opinions. Nobody likes losing face, particularly over issues of credibility. The Who speak for all of us when they sing "won't get fooled again".

Me? I'm just telling it as I see it.
 
Posted by Leorning Cniht (# 17564) on :
 
quote:
Originally posted by Porridge:

The average American adult, I recently read somewhere, spends about 4 and 1/2 minutes a day reading anything. If you seriously want to cover something up, release it in print, in dense and copious quantities. It will remain safely ignored by the vast majority of the populace.

The average American adult will completely ignore whatever they are told if it disagrees with their prejudices, believing it a lie by the other camp. This isn't particularly a slur against Americans - its popular behaviour amongst adults of all nationalities.

In this case, there are two narratives. One has a cop doing his job encountering a violent thuggish petty criminal, and shooting him in self defense, and the other has a racist white cop murdering an unarmed black teenager.

I'd bet you would find almost 100% correlation between people's opinions of the killing of Michael Brown by Darren Wilson, and their opinion of the killing of Trayvon Martin by George Zimmerman, and in neither case would you find their opinions swayed by anything so basic as facts - after all, there are so many conflicting "facts" to choose from.

If someone like Al Sharpton came out alongside the dead boy's family and made a statement along the lines of "although we are sick to out hearts over the death of another black teenager, we agree that the evidence shows that his killing was lawful" then some people's opinions might change.

I'm not sure who would have a similar stature in the other camp - perhaps a confession of wrongdoing by the shooter himself?

But without either of those things happening, I could make a list now of the people who will support the cop and the people who will support the victim in the next case of some black teen shot by a cop to attract national attention.

[ 28. November 2014, 18:33: Message edited by: Leorning Cniht ]
 
Posted by cliffdweller (# 13338) on :
 
Wow. One heck of a lot of self-congratulation going on here.
 
Posted by Barnabas62 (# 9110) on :
 
You may have mistaken my irony, cliffdweller. When on duty, I spend between one and two hours a day reading posts and links here because that's a part of my job as a Host.

(Mine was a throwaway remark caused by thinking about the "joys" of Hosting. Not so much self-congratulatory as a bleat. Unlike orfeo here in Purg, while I can bow out of the discussions at any time, I can't bow out of the reading chore.)

Back on specifics. Have you had time to look at the photos I linked, and the evidence confirming the date they were taken?
 
Posted by cliffdweller (# 13338) on :
 
quote:
Originally posted by Barnabas62:
You may have mistaken my irony, cliffdweller. When on duty, I spend between one and two hours a day reading posts and links here because that's a part of my job as a Host.

My comment was not directed toward you in particular.


quote:
Originally posted by Barnabas62:

Back on specifics. Have you had time to look at the photos I linked, and the evidence confirming the date they were taken?

I hadn't bothered looking at them, since I've not drawn any conclusions from the photos one way or the other, so the date they were taken is not of much significance to me. I had assumed your link was directed toward one of the other posters who was drawing conclusions based on the photographic evidence.
 
Posted by Dave W. (# 8765) on :
 
quote:
Originally posted by Barnabas62:
Dave W.

I think you cross posted with my response to Eigon re photograph dating and timing. I've looked at all the evidence online. One of the less easy aspects of Hosting is to look at links in some detail.

I'm not accusing Eigon of confirmation bias. It's possible that he hadn't looked at Volume 3. I hadn't seen the Huff Post article.

Eigon's suggestion of fakery is irrelevant to my comment. Orfeo was complaining that "You don't look beat up enough" = "You don't look upset enough", and you were (at least partially) agreeing and suspecting confirmation bias. (I think Eigon's scenario is unlikely precisely because I think that the degree of bruising isn't persuasive evidence of a vicious struggle. If he had really tried to get someone to hit him to back up his story, he could have come up with more convincing-looking injuries.)
quote:
Bias is normal, Dave W. So confirmation bias is always a possibility.
But if it's normal and always possible, then invoking it seems pointless unless you've got either some way to avoid it or some evidence that you think is less susceptible to it. Otherwise it just devolves into an all-purpose dismissal.
quote:
I don't have any axe to grind here. I'm reading this stuff for information, but not necessarily taking any of it on face value.

But isn't that exactly what someone with an ax to grind would be expected to say? To be sure, I don't actually think you do - but a self-declaration of lack of bias isn't terribly convincing, particularly after you've just called it out in others both specifically and generally.

Suppose I look at the pictures in the link and say to myself "How can anyone look at those and think that they support the story of a man who says he was beaten within an inch of his life?" Would I be justified in simply chalking it up to your confirmation bias?
 
Posted by Barnabas62 (# 9110) on :
 
Thanks for the clarifications, cliffdweller.

The only reason I linked to all the photos is that I wasn't sure from your previous comment that you'd seen the whole collection which was put in evidence.

And of course it may help others, for whom the photos are more of an issue than for you, to confirm that there was evidence before the grand jury that they were taken on the day of the shooting, actually within just a few hours of the altercation in the car.
 
Posted by Barnabas62 (# 9110) on :
 
Dave W.

You're reading an awful lot into my "yes possibly" and a bit of throwaway sympathy for the frustrated orfeo.

I'm quite happy for folks to look at my contribution to this thread in detail and draw whatever conclusions they like about my degree of bias, and I think I'm free to do the same, as long as I don't get Hellish about it.

I think confirmation bias would be illustrated not by a subjective disagreement over damage shown in photos el al, but an assertion of evidence fabrication or tampering by the police on the general grounds that it has happened before, or that the media said different. That way one can rule out anything which doesn't fit the story one prefers.

And confirmation bias the other way would be illustrated by a "face value" uncritical acceptance of witness statements or forensic evidence.

What makes the difference is seeing both dangers, looking at corroboration and internal consistency, and using those as your critical touchstones. I've tried to do that. Others are free to do the same and draw different conclusions. The ones I've drawn persuade me that the grand jury was in all probability justified in its findings. I didn't know I'd get there until I looked.

The twin "Scylla and Charybdis" rocks to avoid here are naivity and cynicism. Both have the effect of closing the mind.
 
Posted by Dave W. (# 8765) on :
 
quote:
Originally posted by Barnabas62:
Dave W.
[snip]

I think confirmation bias would be illustrated not by a subjective disagreement over damage shown in photos el al, [snip]

Well, that disagreement was precisely what Orfeo was complaining about in his last comment - that people were saying Wilson didn't "look beat up enough." I was objecting to your apparent support for this particular complaint of his, not your deprecation of Eigon's conspiracy theories; if you've changed your position (or perhaps more precisely, narrowed the scope of your suspicion of confirmation bias) I think maybe we now agree that it isn't unreasonable to see those photos as not supporting the claims of a mortal struggle.

But I'm still curious - do you in fact think that those photos do provide support for the claims of not just a struggle, but a struggle in which Wilson feared for his life? (This isn't meant to be a gotcha; I myself don't think they do, but I don't think they're necessarily conclusive in either direction.)
 
Posted by Barnabas62 (# 9110) on :
 
Dave W.

Did you read this Washington Post link posted earlier by Byron?

The photographs provide significant evidence of who was the first aggressor.

They corroborate to some degree Officer Wilson's testimony and they also contradict, to a greater degree, Dorian Johnson's testimony that Michael Brown was not the first aggressor in the first altercation at the car, indeed did not act aggressively at all. The bullet holes and ballistic information from the car also provide some further confirmation for Officer Wilson's testimony, and some further contradiction of Dorian Johnson's. That damages Dorian Johnson's credibility, which is significant in later consideration of the second fatal altercation.

The major significance is not the degree of injury, but the evidence of first aggression and what it implies about the belligerence of the aggressor. The video from the shop hardly supports the "gentle giant" claims which came out first.

Again, the forensic evidence surrounding the fatal encounter supports Wilson's account to a significantly greater extent than Johnson's when it comes to the fatal second confrontation. You have to read both to see that. The link provides the significant extracts from Wilson's testimony and he explains his fears for his safety as Brown advances on him.

So this summary in the linked article seems fair to me.

quote:
In some states, a defendant bears the burden of establishing self-defense. But according to State v. Anthony, once a defendant injects self-defense into a case, the prosecution bears the burden of disproving the defense beyond a reasonable doubt, as made clear in this language from Anthony:

The state has the burden of proving beyond a reasonable doubt that the defendant did not act in lawful self-defense. Unless you find beyond a reasonable doubt that the defendant did not act in lawful self-defense, you must find the defendant not guilty.

Applied to this case, Missouri law would have obligated the prosecution to eliminate any reasonable doubt about Wilson’s testimony that he feared for his life. That is an extremely difficult burden to carry.

You and I would probably agree that the state self-defence law is not what we would prefer to be in place. But ISTM that, as it stands, it would have a major impact on any finding in favour of an indictment.

The photos are not conclusive in themselves, of course, nor are the forensics, nor is Wilson's testimony. But they add up, together with the state law, to provide considerable justification for the grand jury finding.

I'm now pretty clear that the prosecutor was well aware of all of that in advance of the grand jury hearing. But a unilateral kicking of the case by his office without any hearing would have been socially and politically inflammatory. So he went the unusual way that he did.

Some have argued here that he abused the grand jury process in doing that. Well, maybe that can be pursued as a matter of law itself. But I've had a look at the state law from another earlier link and ISTM that the prosecutor did not offend against state law by handling the hearing this way.

Anyway, that's the way I join the dots. YMMV.
 
Posted by Gee D (# 13815) on :
 
quote:
Originally posted by Porridge:
Lastly, re: Doublethink's concern about coverup: the complete evidence presented to the grand jury has been released and is available to anyone who cares to read it.

To some, this may look like transparency.

To others, including me, this could be a version of coverup. The average American adult, I recently read somewhere, spends about 4 and 1/2 minutes a day reading anything. If you seriously want to cover something up, release it in print, in dense and copious quantities. It will remain safely ignored by the vast majority of the populace.

I find this very hard to follow. You put all the evidence out in the public domain and because few people will read it all, there's been a cover-up??????

Some other random thoughts from someone who has only skimmed these posts. The first is that I'm surprised that so many people are quick to conclude that the members of the grand jury have been false to the oaths they took on empanelment. Related to this is an implicit assumption that the black jurors were dominated by their white fellows. Then again, perhaps they were not really black.

Many have attacked the prosecutor for taking a role of setting out the case against Wilson in a fairly dispassionate manner. I know nothing of the relevant rules of ethics, but here that is the proper course for a prosecutor to adopt. Prosecuting counsel who go out gung ho are likely to find themselves being rapped severely over the knuckles by either the trial judge or judges of appeal. In fact, that was done earlier this year to a senior prosecuting counsel. The Court of Criminal Appeal ordered a new trial where trial counsel had invited the jury to speculate on the basis of some fairly sparse evidence, and made strong adverse comment about that and other behaviour at trial.

Finally, I cannot understand the arson and other violence carried out by those protesting. One photograph shown here was of a burnt-out shop, with a sign saying Beauty resting agains ruins. We were told that that had been a beauty salon. Why was it burnt? Was the proprietor a member of the KKK? And the same for other damaged property, the wrecked cars, the smashed windows.
 
Posted by mousethief (# 953) on :
 
quote:
Originally posted by Barnabas62:
I'd assess the likelyhood of the US media spending little time on the published detail as pretty close to zero, particularly given their initial and continuing published opinions. Nobody likes losing face, particularly over issues of credibility. The Who speak for all of us when they sing "won't get fooled again".

Fox News has a great way to prevent losing face. They simply don't admit when they have been proven wrong. Problem solved.
 
Posted by Dave W. (# 8765) on :
 
Barnabas62 - I did read the article and I appreciate your response, but neither the article nor your post seem particularly responsive to my question. I understand you think "The major significance is not the degree of injury" but the degree of injury depicted in the photos was precisely the point of Orfeo's complaint, which you supported, and to which I objected. Apparently I haven't succeeded in communicating this, but I can't think of any way to state the point more clearly, so I won't trouble you with it again.
 
Posted by Barnabas62 (# 9110) on :
 
Dave W.

Point taken. The truth is that I sympathise with orfeo's reaction but feel it was a bit of an overreaction! Frustration can do that to any of us. My sympathy did not arise from careful analysis!

I liked mousethief's response re Fox. If the facts are inconvenient to your purpose, ignore and keep on asserting.

I think orfeo's obvious frustration comes from that sense of "been here before". Generally, I'm a very patient person. Temperamentally, it takes an awful lot to get me to that point. But I have my limits and my patience ran out with Fox News and the UK Daily Mail a long time ago. Contempt and distrust set in.

[Late ETA. What is also worth saying is I appreciate we all have limits; orfeo realised he'd reached his and took himself back to HellHosting rather than get Hellish here. That was a good move.

After sympathising, I found I could put my analytical hat back on, decided to hang in to the debate and test Eigon's post against the published trial information.

So my sequence of posts demonstrates two different moods.]

[ 29. November 2014, 07:41: Message edited by: Barnabas62 ]
 
Posted by Golden Key (# 1468) on :
 
Charlie Rose had a good interview with Brown's parents a couple of days ago. (I had problems bringing it up at PBS.org or at Charlie's site, but I found it here.)

His parents were sad, angry, and very self-controlled. His mom unconsciously rocked, now and then.
 
Posted by Eigon (# 4917) on :
 
Just to say that I based my post about Officer Wilson's injuries on the article in Huffington Post - I haven't read any further.
What really concerns me though, is that the Ferguson Police Department laid themselves wide open to conspiracy theories by the incompetent manner they dealt with the case. I'd like to know who the police chief is, and what he has to say about his department. He must have superiors somewhere, and if I were them, I'd be asking some very serious questions about the way he runs his department generally.
 
Posted by Barnabas62 (# 9110) on :
 
It was a good interview, handled with great sympathy by Charlie Rose. The parents were very dignified and sincere in their answers to questions. Clearly they do not believe Officer Wilson's testimony. Some of the things they said they thought had happened did seem in conflict with the forensic evidence. My heart went out to the mother, particularly when she made the "18 seconds of video v 18 years of knowing her son" comment. I think seeing that last image of her son when he was alive must have been desperately hurtful in itself.

I think the serious assertion their lawyer made was that the grand jury process didn't look sufficiently critically at evidence and testimonies in conflict. He argued strongly that a full trial would have been a better way of handling the conflicts of evidence. He didn't obviously disagree with the opinion that the grand jury finding was reasonable on the basis of the evidence presented to it and the way it was presented, but, like the parents, was very sceptical about the behaviour of the prosecutor in presenting this evidence. I think he's also reserved judgment over any further legal proceedings which may be made.

The family lawyer also referred to differences between Officer Wilson's initial statements and his testimony. His formal, recorded, initial interview was actually presented to the grand jury.

Here it is. It is dated a couple of days after the shooting and cites an earlier unrecorded interview. There is also a preliminary synopsis by a detective which can be found on page 2 of this document.

I guess you can draw your own conclusions about whether this information in the initial interview and the earlier preliminary report differs substantially from his testimony to the grand jury. I haven't done a line by line comparison but "five year old v the Hulk" doesn't appear in the initial formal interview.

On the essential issue of the Missouri State Law standard, he has made a consistent claim from this second day after the shooting that Michael Brown was the first aggressor, that there was a struggle for the gun in the car, that the fatal shots were fired as Michael Brown was advancing towards him, and that he feared for his life because of the earlier struggle.
 
Posted by Porridge (# 15405) on :
 
quote:
Originally posted by Gee D:
quote:
Originally posted by Porridge:
Lastly, re: Doublethink's concern about coverup: the complete evidence presented to the grand jury has been released and is available to anyone who cares to read it.

To some, this may look like transparency.

To others, including me, this could be a version of coverup. The average American adult, I recently read somewhere, spends about 4 and 1/2 minutes a day reading anything. If you seriously want to cover something up, release it in print, in dense and copious quantities. It will remain safely ignored by the vast majority of the populace.

I find this very hard to follow. You put all the evidence out in the public domain and because few people will read it all, there's been a cover-up??????

Maybe you have to live here to understand this phenomenon, but I'll try expressing it.

As has been discussed at length on this thread in various ways, it's not so much about what people actually do, but about how those actions are perceived.

It's hard to overestimate the amount of fear and mistrust that average, mostly-undereducated disadvantaged people here have of officialdom -- not just their politicians and police, but their schools, their town clerks, their zoning boards . . . There's a deep, wide streak of anti-officialdom in US culture which mistrusts complexity, nuance, and verbiage. The more complicated or many-sided an issue, the more explaining that issue requires, and the more explaining that goes on, the more the issues is perceived as a deliberate effort on somebody's part to mislead and obfuscate.

Hence releasing all this data will be perceived by many as a hollow PR gesture meant to distract people from the core problem, i.e., Wilson (in the view of these folks) should be indicted and wasn't. Behind the "He's a white rogue cop who shot an unarmed teenager" narrative that seems to exist in many people's heads, there's another underlying narrative that arises in response to the release of volumes of testimony, which runs something like this:

"I can't read all this sh*t (because I can barely read to start with, because I'm working 18 hour days to put food on the table, because I have an undiagnosed and untreated learning problem, because I quit 6th grade at age 14 to help my family survive, because fill-in-the-blank), and you-the-man ought to KNOW I can't read all this sh*t."

"When you put all this sh*t out KNOWING it means nothing to me, you're just rubbing my face in everything that gets in my way and has always got in my way and which I'm pretty sure you deliberately PUT in my way, I know you're just putting more sh*t in my way to try to shut me up and keep me quiet."

It's a version of "I don't understand this, so it can't be right."

The acrobatics I have to go through to assist family members of my clients to understand the (often contradictory and extremely unhelpful) rules and regs which screw up their family member's life (and often theirs as well) is daunting. I deal with this unspoken narrative a lot in my work.
 
Posted by Moo (# 107) on :
 
quote:
Originally posted by Gee D
Finally, I cannot understand the arson and other violence carried out by those protesting. One photograph shown here was of a burnt-out shop, with a sign saying Beauty resting agains ruins. We were told that that had been a beauty salon. Why was it burnt? Was the proprietor a member of the KKK? And the same for other damaged property, the wrecked cars, the smashed windows.

AIUI most of the destroyed and vandalized businesses were owned by blacks who were supporting themselves and their families.

I saw a video of a black woman whose cake shop had been vandalized. There were tears streaming down her cheeks. She had scraped together the money to open her shop by selling cakes wherever she could, including flea markets. The shop was opened in June and thoroughly trashed Monday night. This woman was supporting herself and her children.

There is a happy ending to her story. People all over the country sent money to help her, and she can repair the damage and get back in business. I hope that someone sets up a program to accept donations for all the businesses that were damaged.

I don't understand at all why this behavior is tolerated. When people are frustrated they feel like destroying something, but destroying the property of people who belong to the same discriminated-against group as you makes no sense.

Moo
 
Posted by Byron (# 15532) on :
 
quote:
Originally posted by Moo:
[...] I don't understand at all why this behavior is tolerated. When people are frustrated they feel like destroying something, but destroying the property of people who belong to the same discriminated-against group as you makes no sense.

Moo

This is exactly why I get so mad at apologists (and they do exist, like in the article I linked). Do the rioters go attack station houses and charge police lines? (Not hit and run, full on charge, with intent to fight to the death.) No, they know full and well it'd be suicide, so they take anger out on innocent people who suffer the exact same feelings. They're making their lives miserable.

We don't get no justice, so you don't get no peace. But they achieve this by inflicting injustice on innocents. The people suffering aren't the people responsible for no billing the indictment. The most basic rule of justice is to focus on the guilty party. If they're motivated by justice, how can they not see this?

If they want to take out their anger, then OK, I can empathize, but I empathize a heckuva lot more with their victims.
 
Posted by Porridge (# 15405) on :
 
quote:
Originally posted by Moo:

I don't understand at all why this behavior is tolerated. When people are frustrated they feel like destroying something, but destroying the property of people who belong to the same discriminated-against group as you makes no sense.
Moo

I don't know about it being "tolerated;" after all, there were many arrests (more than 60, IIRC) the night the indictment was announced.

Again, though, we're down to perceptions. First, there's the issue of what the looters/vandalizers "know." I walk down my town's Main Street pretty often; do I know who owns what among the local shops? I know a few; most, I've got no clue about. I don't patronize the businesses, or I've only interacted with hired help, not the business owners, or what-have-you.

Second, according to rumors, there were many out-of-towners present. They won't know who's who or what's what.

Third, when a group is routinely discriminated against, discrimination is usually accompanied by deep mistrust. They're not "single moms receiving public assistance," they're "welfare queens." They're not "people with disabilities," they're "fakers living off the taxpayer." They're not "economically, culturally, and educationally-deprived African-Americans," they're lazy, resentful good-for-nothings always playing the race card in order to avoid taking responsibility for their own problems."

These are real public perceptions that get voiced regularly in the media by private citizens. The audience for these statements is the general public, which is partly comprised of members of the discriminated-against group, who are as susceptible to buying into this crap as anybody else.

So there's anger -- But "I'm not like that" and there's also deep suspicion and mistrust of your own community members -- "but maybe she's like that." There's also resentment, envy, and jealousy when someone else's struggles somehow pay off when your own do not. So anybody who manages to claw themselves out of the hole you're all in gets attacked.

Fourth, mobs don't think. Expecting "sense" of mob action is a waste of energy.

Many years ago, I was involved in an effort to organize welfare moms in my state to respond to proposed cuts in welfare benefits (already down to cheese-parings). The prejudice against these women by non-group members paled to nothingness in comparison with the prejudice the women in my group had for one another.

[ 29. November 2014, 13:46: Message edited by: Porridge ]
 
Posted by Byron (# 15532) on :
 
quote:
Originally posted by Porridge:
[...] mobs don't think.

People do. If they go intending to protest peacefully, they choose not to leave when it turns ugly. If they turn up with the intent to commit crimes, that intent carries over.

Besides, rioters have been interviewed: "We don't get no justice, you don't get no peace." That's not someone caught up in the heat of the moment, lost to instinct. It's a person articulating a conscious and deliberate choice to use violence for political ends.

It'd do them a disservice to present them as people lost to mob instinct.
 
Posted by Porridge (# 15405) on :
 
Of course people think, Byron. But have you ever been in a mob?

First, if it's a big enough crowd, you may not realize when things turn ugly -- you're not close enough to that action to hear or see what's happening; there's too much racket in your immediate surroundings. By the time you DO realize what's going on, you may not be able to escape; the crowd's headed one way, and you get swept along with it however much you try to elbow your way out.

Second, sure. There are those who'll offer the "no peace" response even when such justice as can be rendered has been rendered, because they don't recognize it as justice. And there are assholes in every group. Doesn't mean everyone in the group is an asshole.

Third, what people say about their actions afterward may have little to do with what was going on inside their heads (assuming anything was) during.
 
Posted by Byron (# 15532) on :
 
Yeah, I have, protest turned bad, and I got the hell out soon as possible.

Besides, this doesn't look the same. I don't see anyone penned in, but people attacking stores on open streets. I'm not directing any comments at folk who got caught up in a crowd.

If anyone truly lost control in a mob, I guess they should be allowed to argue irresistible impulse at trial, although Missouri doesn't appear to allow that defense.
 
Posted by Porridge (# 15405) on :
 
quote:
Originally posted by Byron:
Yeah, I have, protest turned bad, and I got the hell out soon as possible.

Besides, this doesn't look the same. I don't see anyone penned in, but people attacking stores on open streets. I'm not directing any comments at folk who got caught up in a crowd.

If anyone truly lost control in a mob, I guess they should be allowed to argue irresistible impulse at trial, although Missouri doesn't appear to allow that defense.

Most of us (that is, those not actually present at the action) see only what TV cameras show us. How likely is it that the cameras will be trained on people trying to leave the scene, or masses of people penned in, vs. people hurling rocks, bottles, breaking windows, flames. etc.?

Those in the action will have equally partial sight & sound.

Good for you for managing to escape. I'm a relatively short and relatively slight (well, I was then, anyway -- now not so much;) woman. I couldn't escape. I couldn't see over the heads around me; I couldn't hear or understand any official efforts at crowd control; and I literally at times did not have my feet on the ground, actually being lifted and carried along in the press of bodies around me. It was so terrifying that even now, years later, I hesitate long and hard before putting myself into any crowded situation. No parades, no live concerts, and if I demonstrate, I stay far in the fringes of the crowd.
 
Posted by lilBuddha (# 14333) on :
 
If people acted as individuals, we would have significantly fewer problems in this world. Politics are fucked because people do not think as individuals, racism happens because people do not think as individuals. Genocide happens because people do not think as individuals.*
Group behaviour affects individual behaviour. This is highly studied and completely obvious. That everyone will be proof against it ignores evolution and cultural development.
This, of course, does not obviate personal responsibility. But to deny the group as an entity is silly.


*Obviously, not the only cause or factor.
 
Posted by Byron (# 15532) on :
 
quote:
Originally posted by Porridge:
[...] Good for you for managing to escape. I'm a relatively short and relatively slight (well, I was then, anyway -- now not so much;) woman. I couldn't escape. I couldn't see over the heads around me; I couldn't hear or understand any official efforts at crowd control; and I literally at times did not have my feet on the ground, actually being lifted and carried along in the press of bodies around me. It was so terrifying that even now, years later, I hesitate long and hard before putting myself into any crowded situation. No parades, no live concerts, and if I demonstrate, I stay far in the fringes of the crowd.

I've had exactly that experience in crowds, and it's terrifying. It makes anyone realize their limitations and vulnerability. No criticism whatsoever for people who found themselves in that situation in Ferguson. Someone breaking into a shop and looting it, or committing arson, is, surely, so different it bears little comparison. Being trapped in a crowd isn't a voluntary act.
 
Posted by cliffdweller (# 13338) on :
 
quote:
Originally posted by Porridge:

Second, according to rumors, there were many out-of-towners present. They won't know who's who or what's what.

I doubt this was much of a factor. It's pulled out every time there's a riot to explain the exact paradox that you're responding to-- the fact that whenever there's this sort of unrest, the rioters end up damaging their own community, rather than the (perceived or real) oppressors. It happened here in L.A in my lifetime in both the Watts riots and in the Rodney King riots, and seems to be the pattern whenever and wherever this occurs. I'm not sure I fully understand the psychology of it either, but I know that "outside agitators" is not really the answer.

In terms of Ferguson in particular, the same charge was made earlier this year in the unrest following the shooting. Virtually all the "outsiders" were journalists, including my son-in-law who was "detained" by the Ferguson police for 6 hours w/o cause.


quote:
Originally posted by Porridge:
Fourth, mobs don't think. Expecting "sense" of mob action is a waste of energy.

Many years ago, I was involved in an effort to organize welfare moms in my state to respond to proposed cuts in welfare benefits (already down to cheese-parings). The prejudice against these women by non-group members paled to nothingness in comparison with the prejudice the women in my group had for one another.

These two points, in my experience, are spot-on. As well as the deep American suspicion noted upthread of anything complex or nuanced.

[ 29. November 2014, 17:04: Message edited by: Barnabas62 ]
 
Posted by cliffdweller (# 13338) on :
 
oops-- sorry for the broken HTML. Editing time ran out. : (

[sorted]

[ 29. November 2014, 17:05: Message edited by: Barnabas62 ]
 
Posted by Kwesi (# 10274) on :
 
lillBuddah
quote:
Group behaviour affects individual behaviour. This is highly studied and completely obvious. That everyone will be proof against it ignores evolution and cultural development.

This, of course, does not obviate personal responsibility. But to deny the group as an entity is silly

I wonder what you understand by "personal responsibility" in that it is difficult to decontextualize; and whether culpability and consequent sanctions necessarily vary. For example, is opportunistic theft in a non-riot context more heinous than when an individual, otherwise law-abiding, decides to join looters on the spur of the moment?
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by Kwesi:
For example, is opportunistic theft in a non-riot context more heinous than when an individual, otherwise law-abiding, decides to join looters on the spur of the moment?

I'm wasn't attributing any level of wrong in my statement, just describing dynamics/mechanism.
However, exploring it, I am not certain.
My personal feeling is that there is an equal level of wrong.
Being part of a mob is a reason one might commit an act which otherwise one would not. It is not inherently an excuse.
That said, an action as part of a mob/riot is not necessarily carried out with the same level of reasoning that a simple theft or act of violence is.
 
Posted by Golden Key (# 1468) on :
 
The various problems mentioned with demonstrations going bad is why I avoid them. There always seems to be someone who loses it (on whatever side), or self-proclaimed anarchists who infiltrate the protests. (Around here, they tend to wear masks and black clothing.) Sometimes, cops will warn the protesters ahead of time that, if bad stuff breaks out, to quickly get away. Of course, that's not always possible. And the cops can't necessarily tell who's who. (Other than the masked folks.)

Then there are cops who use unnecessarily brutal force on peaceful protesters--e.g., protesters have fastened themselves to stationary objects, and aren't otherwise disturbing anyone, and the cops *swab pepper spray into their eyes*. It's happened a couple of times around here. How much effort would it take to get bolt cutters??

And, of course, you get folks like some of those here in SF, last night, who went from "act up" sorts of protest (chaining themselves to public transit so that it couldn't move, and storming into stores in a posh shopping district) to throwing things at cops--one cop had to get stitches. ISTM that if you want cops to treat people more humanely, bricks and bottles aren't the way to do it.
 
Posted by Moo (# 107) on :
 
quote:
Originally posted by Porridge:
quote:
Originally posted by Moo:

I don't understand at all why this behavior is tolerated. When people are frustrated they feel like destroying something, but destroying the property of people who belong to the same discriminated-against group as you makes no sense.
Moo

I don't know about it being "tolerated;" after all, there were many arrests (more than 60, IIRC) the night the indictment was announced.
It's the job of the police to arrest those who commit arson and vandalism. My point is that I have never heard a black leader point out to rioters that they are inflicting tremendous pain on other blacks.

quote:
Again, though, we're down to perceptions. First, there's the issue of what the looters/vandalizers "know." I walk down my town's Main Street pretty often; do I know who owns what among the local shops? I know a few; most, I've got no clue about. I don't patronize the businesses, or I've only interacted with hired help, not the business owners, or what-have-you.
If the hired help are black and the business is destroyed, they are thrown out of work. Moreover, businesses in predominantly black neighborhoods are patronized mostly by black people. If these businesses are destroyed, their customers have to travel out of the neighborhood to get the goods and services they want.

Moo
 
Posted by cliffdweller (# 13338) on :
 
quote:
Originally posted by Moo:
quote:
Originally posted by Porridge:
quote:
Originally posted by Moo:

I don't understand at all why this behavior is tolerated. When people are frustrated they feel like destroying something, but destroying the property of people who belong to the same discriminated-against group as you makes no sense.
Moo

I don't know about it being "tolerated;" after all, there were many arrests (more than 60, IIRC) the night the indictment was announced.
It's the job of the police to arrest those who commit arson and vandalism. My point is that I have never heard a black leader point out to rioters that they are inflicting tremendous pain on other blacks.

]If the hired help are black and the business is destroyed, they are thrown out of work. Moreover, businesses in predominantly black neighborhoods are patronized mostly by black people. If these businesses are destroyed, their customers have to travel out of the neighborhood to get the goods and services they want.

Perhaps you're just too distant from the action. Here in US, African-American leaders have been making these points, as well as urging peaceful protest, all the way back to MLK. I remember many, many explicit pleas making these points at the time of both the Watts riots and the Rodney King riots. More recently, in the lead up to the verdict, African-American leaders in Ferguson made these points repeatedly while calling for peace. It certainly is not a new insight or one that is lost on the leadership.
 
Posted by Moo (# 107) on :
 
I have heard of many black leaders asking people to protest peacefully, but I have never heard one saying that predominantly black neighborhoods and businesses should not be trashed because of the pain that inflicts on other blacks.

Moo
 
Posted by Golden Key (# 1468) on :
 
Maybe because if they said it that way, they might sound like they were OKing smashing businesses of other groups? A peaceful protest would be peaceful towards African-American businesses, too.
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by Moo:
I have heard of many black leaders asking people to protest peacefully, but I have never heard one saying that predominantly black neighborhoods and businesses should not be trashed because of the pain that inflicts on other blacks.

Moo

'Cause not trashing anything is part of protesting peacefully?
 
Posted by Moo (# 107) on :
 
Why protest in predominantly black neighborhoods at all, whether peacefully or otherwise? The people who oppress blacks are not in those neighborhoods.

Moo
 
Posted by Twilight (# 2832) on :
 
Darren Wilson has resigned from the Ferguson police force. It seems the police department as a whole was under threat if they didn't fire him and he says he didn't want to endanger his fellow officers.
 
Posted by Barnabas62 (# 9110) on :
 
No surprise there.
 
Posted by Porridge (# 15405) on :
 
quote:
Originally posted by Moo:
Why protest in predominantly black neighborhoods at all, whether peacefully or otherwise? The people who oppress blacks are not in those neighborhoods.

Moo

Sadly, some of the people who oppress blacks are themselves black. Oppressors come in all colors. Isn't violence a form of oppression? And, as you note, both the perpetrators and the victims of violence in Ferguson are predominantly African American.

I have never been to Ferguson, Missouri, but the town’s website indicates that out of a population of 21,203 (2010 census, so probably out-of-date now), a grand total of 6,206 residents identified as white.

About 67% of the town identifies as African American; about 29% identify as white; there’s a smattering of other groups, including self-identified biracial or multiracial residents.

There may be no “white” neighborhoods in Ferguson; the city itself is predominantly African American. It may be that the minority white residents are simply interspersed among everybody else.
 
Posted by mousethief (# 953) on :
 
quote:
Originally posted by Moo:
Why protest in predominantly black neighborhoods at all, whether peacefully or otherwise?

Because if they moved the protest to a white neighborhood, they'd stand a good chance of getting mown down.
 
Posted by Gee D (# 13815) on :
 
Porridge, I think I now understand the logic behind the statement that giving full information is a cover-up. AIUI, if the full dossier of evidence is given, complaint is made that this is too much for the average person to comprehend, that as a consequence none will be read, and this is a cover-up. On the other hand, if only a précis is given, complain is made that in the reduction, relevant material has been excluded and that this is a cover-up. I don't know about the US, but that sort of argument here is much how the Trots behave.
 
Posted by Enoch (# 14322) on :
 
I've asked this before. How can one rationally any concept of peaceful protest in a place where firearms are freely available, widely both available and carried? Isn't claiming it does, a sort of well-meaning self-delusion?
 
Posted by Barnabas62 (# 9110) on :
 
Peaceful protest along Gandhi-MLK lines is very powerful when facing an armed authority. Where is becomes difficult is when there are two groups of protesters arguing on opposite sides of a issue and both are out there together.

The counter-demonstration is always a attempt to break up the effectiveness of a planned peaceful demonstration. You get more heat than light and clashes between groups seems to make a better story for the media. I'm not sure that the massive Civil Rights demonstrations culminating in the iconic "I have a dream" could happen today. Having see how effective that was, a counter protest woul be mobilised to make the clash the news rather tha the protest message the news.

I'm not sure what the answer to that is. Particularly if means of policing is a major part of the process.
 
Posted by Doublethink. (# 1984) on :
 
I note Darren Wilson has described resigning as "the hardest thing" he's ever had to do. Apparently, then, shooting people is easier. Implying this so publically is not helpful.

[ 30. November 2014, 08:24: Message edited by: Doublethink. ]
 
Posted by Moo (# 107) on :
 
quote:
Originally posted by Enoch:
I've asked this before. How can one rationally any concept of peaceful protest in a place where firearms are freely available, widely both available and carried? Isn't claiming it does, a sort of well-meaning self-delusion?

AFAIK no one has been shot during the protests. People have been hit with various objects, and buildings have been trashed and set afire, but I have not heard of any gunshots.

Moo
 
Posted by passer (# 13329) on :
 
quote:
Originally posted by Doublethink.:
I note Darren Wilson has described resigning as "the hardest thing" he's ever had to do. Apparently, then, shooting people is easier. Implying this so publically is not helpful.

I'm sure some supportive group will find a role for him soon.
 
Posted by Boogie (# 13538) on :
 
quote:
Originally posted by Doublethink.:
I note Darren Wilson has described resigning as "the hardest thing" he's ever had to do. Apparently, then, shooting people is easier. Implying this so publically is not helpful.

I suspect that shooting people is far, far too easy in a place awash with guns. So much so that the first line of defence seems to be 'shoot to kill' [Frown]
 
Posted by cliffdweller (# 13338) on :
 
quote:
Originally posted by Moo:
I have heard of many black leaders asking people to protest peacefully, but I have never heard one saying that predominantly black neighborhoods and businesses should not be trashed because of the pain that inflicts on other blacks.

Moo

Again, it might be your geographic distance, but the point has been made, many times, going back to the riots in the 60s.
 
Posted by Moo (# 107) on :
 
I saw a picture of five or six black men with guns standing in a line in front of a gas station. The story that went with the picture said that the gas station belonged to a white man who treated his black employees and customers very well.

The men decided they would make sure no one burned the place down.

Moo
 
Posted by Enoch (# 14322) on :
 
quote:
Originally posted by Moo:
quote:
Originally posted by Enoch:
I've asked this before. How can one rationally any concept of peaceful protest in a place where firearms are freely available, widely both available and carried? Isn't claiming it does, a sort of well-meaning self-delusion?

AFAIK no one has been shot during the protests. People have been hit with various objects, and buildings have been trashed and set afire, but I have not heard of any gunshots.

Moo

That's good, but it isn't quite the question I was asking.

If the authorities are policing a population that is habitually armed, faced with a protest, and not knowing whether protesters will suddenly start shooting or not, how can one expect the authorities to treat some protests as peaceful and some as violent, rather than all as violent?

Besides, even if no one has been shot, people being hit with various objects, and buildings being set on fire is not peaceful protest. Faced with that, the authorities have little option but to put down the riot by applying overwhelming force. The reason for the riot, whether we sympathise with it or not, becomes irrelevant. IMHO rioters have no grounds for complaint if they get hurt.
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by Doublethink.:
I note Darren Wilson has described resigning as "the hardest thing" he's ever had to do. Apparently, then, shooting people is easier. Implying this so publically is not helpful.

This should ease the pain:

quote:
ABC offered Darren Wilson a “mid-to-high” six-figure payment to give his first and only public interview on the network, according to the website Got News. An unnamed source from NBC reportedly told the website that both networks engaged in a bidding war to score the first interview with Wilson but NBC backed out after its rival “upped the ante.”
Add that to the reputed half a million dollars Wilson allegedly received from people contributing to a fund for his legal defense (which he no longer has to spend for legal defense, except in the unlikely event of a federal civil rights suit or civil suit by Michael Brown's family) and ex-Officer Wilson seems to have suddenly come into about a million dollars. Factoring in his new marketability as a Fox News talking head or adding his by-line to ghost written books by Regnery Publishing, why would anyone be surprised that he quit his day job harassing the black citizens of Ferguson?
 
Posted by Porridge (# 15405) on :
 
quote:
Originally posted by Enoch:
. . . the authorities have little option but to put down the riot by applying overwhelming force. The reason for the riot, whether we sympathise with it or not, becomes irrelevant. IMHO rioters have no grounds for complaint if they get hurt.

Which raises yet again the many questions about where all the extra forces ordered up by MO's governor, etc. were on the night the no-indictment announcement was made, why the announcement was made at prime TV time to an assemblage apparently primed to riot, etc.
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by Porridge:
Which raises yet again the many questions about where all the extra forces ordered up by MO's governor, etc. were on the night the no-indictment announcement was made, why the announcement was made at prime TV time to an assemblage apparently primed to riot, etc.

A cynic might suspect that one factor of the timing was that it's harder to tell what's going on if the tear gas starts flying under cover of darkness.
 
Posted by Moo (# 107) on :
 
quote:
Originally posted by Enoch:
If the authorities are policing a population that is habitually armed, faced with a protest, and not knowing whether protesters will suddenly start shooting or not, how can one expect the authorities to treat some protests as peaceful and some as violent, rather than all as violent?

You assume that people who have no guns are unarmed. IIRC during the rioting in August, Molotov cocktails were thrown. Just about anyone can make a Molotov cocktail.

The police should treat protests as peaceful until they prove otherwise. However the police need to be prepared in case the Molotov cocktails start flying.

Moo
 
Posted by cliffdweller (# 13338) on :
 
quote:
Originally posted by Moo:
I saw a picture of five or six black men with guns standing in a line in front of a gas station. The story that went with the picture said that the gas station belonged to a white man who treated his black employees and customers very well.

The men decided they would make sure no one burned the place down.

Moo

Doesn't that implicitly answer your question then? Clearly here are 5 black leaders who understand the issue and are non-verbally speaking out about it.
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by Enoch:

If the authorities are policing a population that is habitually armed, faced with a protest, and not knowing whether protesters will suddenly start shooting or not, how can one expect the authorities to treat some protests as peaceful and some as violent, rather than all as violent?

There are ways of presenting a presence, of being prepared, that are less likely to provoke a violent reaction. You treat all as potential, but do not show that you are expecting it. You do not put people on the defencive at the beginning of an encounter. That is priming the well.
 
Posted by cliffdweller (# 13338) on :
 
quote:
Originally posted by Moo:
quote:
Originally posted by Enoch:
If the authorities are policing a population that is habitually armed, faced with a protest, and not knowing whether protesters will suddenly start shooting or not, how can one expect the authorities to treat some protests as peaceful and some as violent, rather than all as violent?

You assume that people who have no guns are unarmed. IIRC during the rioting in August, Molotov cocktails were thrown. Just about anyone can make a Molotov cocktail.

The police should treat protests as peaceful until they prove otherwise. However the police need to be prepared in case the Molotov cocktails start flying.

Moo

Again, my son-in-law was part of the August protests as a journalist covering them. What he saw and reported bears little resemblance to the way it's being depicted here.
 
Posted by Moo (# 107) on :
 
If the fires were not started by Molotov cocktails, how were they started?

Moo
 
Posted by cliffdweller (# 13338) on :
 
quote:
Originally posted by Moo:
If the fires were not started by Molotov cocktails, how were they started?

Moo

The two fires that were part of the August protests were indeed apparently started by Molotov cocktails. The protests went south after 4 days of peace protests were met with a provocative and arguably illegal response from the Fergusan PD. Certainly not acceptable, but what I was objecting to is the depiction of the protests as violent rioting from day one. The vast majority of the Ferguson protestors in August were non-violent the entire time. African-American leaders worked closely with the protestors (as MLK did back in the 60s the entire time). There were acts of violence and rioting, but were limited in scope. Some helpful points have been made upthread about the mix of people you find in these sorts of protests, with differing agenda, methods, etc. and the difficulty in separating oneself when it goes south. That was very much the case back in August-- as well, I am guessing, with this week. I certainly would not object to anything anyone has said here to denounce the violence and looting or the impact it has on African American business owners. What I object to is the characterization that this represents accurately the whole of the protests or the majority of the protestors. (The fault though probably lies with the media as much as anyone).
 
Posted by Barnabas62 (# 9110) on :
 
@ Croesos

Have Fox News actually offered Darren Wilson some kind of a job as a free lance talking head. Or are you just speculating that it's only a matter of time?

Presumably the Brown family and the lawyers for the Browns and Darren Wilson are also receiving fees for TV appearances?

I think Darren Wilson is getting no financial settlement from the police force so perhaps cashing in short term on his unwanted 'fame' is all he's got, Presumably his lawyers have to be paid?

I wouldn't have thought Darren Wilson's prospects of living safely or getting a 'normal job' were very good. And he doesn't qualify for anything like witness protection new life deals.

Apart from a bit of short term cashing in, courtesy of 'the American way' he doesn't appear to have all that many options, Ah well, I suppose that's what happens when you get 'inconveniently' acquitted in the US.

Wonder how safe the grand jury members are?
 
Posted by Dave W. (# 8765) on :
 
quote:
Originally posted by Barnabas62:
Apart from a bit of short term cashing in, courtesy of 'the American way' he doesn't appear to have all that many options, Ah well, I suppose that's what happens when you get 'inconveniently' acquitted in the US.

Yes, what a shame it is he doesn't live in the UK where there are no injustices, ever.
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by Barnabas62:
@ Croesos

Have Fox News actually offered Darren Wilson some kind of a job as a free lance talking head. Or are you just speculating that it's only a matter of time?

Just speculating. Given Fox's penchant for hiring right wing icons of dubious legal history (e.g. Oliver North), new millionaire Darren Wilson would seem exactly their cup of tea. If he decides to go that route I'd expect him to wait a couple years, just in case anything he said on air might be used in a civil law suit.

quote:
Originally posted by Barnabas62:
Presumably the Brown family and the lawyers for the Browns and Darren Wilson are also receiving fees for TV appearances?

I doubt the Brown family is getting much, if anything, though I haven't seen anything one way or the other. One of the reasons new millionaire Darren Wilson was able to command such a high price is that he hasn't said anything publicly since the shooting. The Brown family, on the other hand, seem willing to talk very freely to a wide variety of media about their slain son. It's one of those supply and demand things.

I suspect the lawyers for both sides are uncompensated by media outlets. That kind of thing can produce the perception of a conflict of interest. Doubtless they billed their respective clients for time spent in media appearances, though.

quote:
Originally posted by Barnabas62:
I think Darren Wilson is getting no financial settlement from the police force so perhaps cashing in short term on his unwanted 'fame' is all he's got, Presumably his lawyers have to be paid?

Financial settlement for what? The story is that Wilson resigned voluntarily, so while he's not receiving a severance package, most jobs don't give you severance if you quit. Unless you count the the three and half months of paid administrative leave new millionaire Wilson drew between the time of the shooting and his resignation.

quote:
Originally posted by Barnabas62:
I wouldn't have thought Darren Wilson's prospects of living safely or getting a 'normal job' were very good.

Very few millionaires work what we consider a 'normal job'. As for his safety, it's been noted how often unarmed black men have been shot by American police. It's almost unheard of for any kind of direct personal reprisal to follow. For example, all of the four policemen who shot and killed Amadou Diallo seem to have been living safely for the decade and a half since the shooting. I'm not sure why new millionaire Darren Wilson should be an exception to this longstanding trend. Could you expand on this?

[ 01. December 2014, 03:38: Message edited by: Crœsos ]
 
Posted by Golden Key (# 1468) on :
 
Re Wilson--

He just got married, with a baby on the way. So that may be a factor in doing paid interviews. I hope no one hurts his family.
 
Posted by Barnabas62 (# 9110) on :
 
Croesos

The press reports say that there have been threats against him and the police. Isn't vengeance in the air? He's been living at an undisclosed address since a day after the shooting. The historical statistics are interesting but I doubt whether he, his family or anyone else is complacent about either the short or the long term safety, purely on the strength of them. And protection costs lots of money.

So far as the money goes in general, neither you nor I know how much is already earmarked for lawyers or present extra costs of personal protection. He's in his twenties, out of work, but got a financial cushion worth, what, about 15 years typical police salary and no pension, after paying lawyers' and other current costs. (From press reports I'm reckoning a net $800K cushion, a typical salary of $60-70K based on published stats, and continuing low interest rates) Could be a lot less than that if there is more legal action against him. My figures are back of the envelope, just to get some kind of idea. So I reckon he needs a job.

The short term controversial fame and the dollars he gets from that are a goodish cushion. Plus he's got a life, which is more than can be said for Michael Brown. But in US or UK terms, he's hardly a fat cat yet, and probably won't be longer term either. I wouldn't want to change places with him.

[ 01. December 2014, 09:54: Message edited by: Barnabas62 ]
 
Posted by Barnabas62 (# 9110) on :
 
Dave W.

Point taken again, and my apologies. I had no intention of stirring up a pond war. I'm happy to withdraw "in the US" and the implications from the offending post.

[edited; the original was posted in haste and a bit "telegraphese"]

[ 01. December 2014, 09:53: Message edited by: Barnabas62 ]
 
Posted by Moo (# 107) on :
 
quote:
Originally posted by Barnabas62:
I wouldn't have thought Darren Wilson's prospects of living safely or getting a 'normal job' were very good. And he doesn't qualify for anything like witness protection new life deals.

Someone has offered $5000 for information on the whereabouts of Wilson. The New York Times gave the location of the house he owns. (I presume he's not there now.)
quote:
Wonder how safe the grand jury members are?
AIUI the names of the grand jury members are not disclosed to the public.

Moo
 
Posted by Porridge (# 15405) on :
 
quote:
Originally posted by Crœsos:
new millionaire Darren Wilson
new millionaire Darren Wilson
new millionaire Wilson
new millionaire Darren Wilson

Crœsos: you are, of course, entitled to whatever opinion the above represents, and it's true that young black men get shot far more often, get convicted and imprisoned at greater rates, are unemployed in much higher numbers, get far harsher sentences, and on and on than can be accounted for by their statistical presence in US demographics.

Can we also, however, keep in mind that young police officers, of any race, carry out fairly dangerous work in the midst of a pretty heavily-armed populace, and do so at risk to their lives at not necessarily-terrific wages?
 
Posted by Twilight (# 2832) on :
 
quote:
Originally posted by Crœsos:
Just speculating. Given Fox's penchant for hiring right wing icons of dubious legal history new millionaire Darren Wilson would seem exactly their cup of tea.


I wouldn't describe Wilson as a "right wing icon." Oliver North was an educated Colonel with a proven "way with words," if you like that sort of macho military style. Wilson just talks that "just the facts," style that policeman must learn in school. I don't know any other group that consistently says, "individual," in place of man or woman. It's that flat affect, police style that earned him the "Cold as Ice," headlines. Not Fox News material.
--------------------------------------------

All I can find in the news about his money is that most of the online donations were intended for his court costs and that ABC offered him six figures but no evidence he took it. If he did take it, I don't really see what's wrong with that. Wilson sees himself as a man who lost his privacy and his chosen field for just doing his job, so why wouldn't he take money for his interviews?

I'll never feel sure about what happened until someone comes up with a video, but African American witnesses agree with Wilson's story as does forensic evidence of powder burns on Brown's hands (consistent with him reaching for the gun.) We also know that Wilson wasn't as trigger happy as some people like to paint him, since this was the first time he ever used his gun.
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by Porridge:
Can we also, however, keep in mind that young police officers, of any race, carry out fairly dangerous work in the midst of a pretty heavily-armed populace, and do so at risk to their lives at not necessarily-terrific wages?

Interestingly, despite the macho mystique of danger associated with law enforcement work, it's actually not even in the the top ten most dangerous jobs in the U.S. While it is riskier work than a typical job [PDF] it's a level of danger roughly comparable to that experienced by electricians or non-construction laborers, both of which earn even less terrific wages than police officers and neither of whom seem to get anywhere near the same amount of sympathy for their workplace risks.
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by Porridge:

Can we also, however, keep in mind that young police officers, of any race, carry out fairly dangerous work in the midst of a pretty heavily-armed populace, and do so at risk to their lives at not necessarily-terrific wages?

As noted, most police do not truly face much danger in their career. Most American police do not fire their weapons except at paper targets.
IIRC, the cost of police and fire can be the single biggest budgetary item for an American city. Most of that being wage and retirement. It is the perception of the danger faced, rather than the reality, which keeps those items protected.
 
Posted by Barnabas62 (# 9110) on :
 
I've looked through the stats I could find on line which suggest that about 100 police officers die a year in the U.S. and about half of those deaths are directly related to some form of assault. Police officers in the US kill about 400 people a year, almost always by gunshot.

Those figures together represent a very small proportion of the annual number of homicides by gun in the U.S. (c. 30,000) Statistically, an American citizen is much more likely to be shot and killed by an armed civilian than an armed officer.
 
Posted by Porridge (# 15405) on :
 
The stats collected post-incident are only part of the risk, though.

Whenever an officer gets called to an accident, a domestic conflict, a crime-in-progress, s/he is at risk and must face the possibility of getting assaulted or possibly even shot.

An hour's drive from here, 4 officers in my state lost their lives trying to serve a warrant. The occupant, apparently in expectation of being served, booby-trapped his home and blew up the house, himself, the original two responding officers and two more who tried to rescue the first responders.

Yes, that's unusual. Yes, young black men get shot, assaulted, imprisoned far more often. But it's worth noting that when one's adrenalin is asked to pump up as often as a police officer's is, it probably affects one's perceptions and judgment on a permanent basis.

Small-town officers in my state, in places the size of Ferguson, make about $28-$30,000 a year if they work full time. Most towns this size in my state have only part-time officers -- no benefits, no paid leave -- and must have other employment in addition.

But they still face getting blown to shreds when some local "entrepreneur" starts running a meth lab in the woods behind his trailer.
 
Posted by Gee D (# 13815) on :
 
Let us assume for a moment that Wilson got $1m (which is more than a 6 figure sum). I don't know precisely about the US, but with the present low interest rates here, you would get around $30,000 pa before tax* on that, something around $24,000 nett, depending on his other income. To put it in perspective, the age pension here is around $22,000 pa, has no tax and comes with free medical care and a raft of other benefits.

I don't like any sort of chequebook journalism, but it does exist. If Wilson got some money, it would be very pleasant addition to the sort of salary figures quoted, but not a fortune.

*Income taxation here is entirely a federal matter, and I know that the US system is very different.
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by Porridge:
The stats collected post-incident are only part of the risk, though.

Whenever an officer gets called to an accident, a domestic conflict, a crime-in-progress, s/he is at risk and must face the possibility of getting assaulted or possibly even shot.

An hour's drive from here, 4 officers in my state lost their lives trying to serve a warrant. The occupant, apparently in expectation of being served, booby-trapped his home and blew up the house, himself, the original two responding officers and two more who tried to rescue the first responders.

Yes, that's unusual.

Yes, it is. As mentioned earlier it's riskier than a typical job, but by no means at the extreme end of the risk scale. Yet you don't hear quite as many paeans to the psychological stresses of being a lumberjack or a commercial fisher or a coal miner, all professions with a hugely greater chance or injuring or killing workers on any given day.

quote:
Originally posted by Porridge:
Small-town officers in my state, in places the size of Ferguson, make about $28-$30,000 a year if they work full time. Most towns this size in my state have only part-time officers -- no benefits, no paid leave -- and must have other employment in addition.

Interestingly that puts your local cops under the tenth percentile for police nationally ($32,670/year according to the U.S. Bureau of Labor Statistics). I know someone has to be at the bottom end of the scale when it comes to short-changing public workers, but that dubious honor is usually reserved for states like Mississippi or Alabama. The median annual income for police in the U.S. is $56,130. (For the record, the state of New Hampshire is fairly close to the national statistics in police salary according to the BLS, so I'm not sure what's going on with your local police pay.)

At any rate, the level of police pay is a lot higher than "Logging Workers" (annual median wage $34,070) or "Fishers and Related Fishing Workers" (annual median wage $35,270), workers with a much higher risk of on-the-job death or dismemberment than police officers.
 
Posted by mousethief (# 953) on :
 
quote:
Originally posted by Barnabas62:
I've looked through the stats I could find on line which suggest that about 100 police officers die a year in the U.S. and about half of those deaths are directly related to some form of assault. Police officers in the US kill about 400 people a year, almost always by gunshot.

Those figures together represent a very small proportion of the annual number of homicides by gun in the U.S. (c. 30,000) Statistically, an American citizen is much more likely to be shot and killed by an armed civilian than an armed officer.

But a cop is 8 times more likely to kill a civilian than be killed by one.
 
Posted by Leorning Cniht (# 17564) on :
 
quote:
Originally posted by lilBuddha:

IIRC, the cost of police and fire can be the single biggest budgetary item for an American city. Most of that being wage and retirement.

Well, sure - isn't that basically what cities do - provide police and fire services? The rest is zoning, permit and code enforcement, which is pretty cheap, and I suppose garbage collection, plus a few bucks for municipal parks and libraries.

Cities often provide utilities, but those are billed separately. School districts are separate bodies.
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by Leorning Cniht:
quote:
Originally posted by lilBuddha:

IIRC, the cost of police and fire can be the single biggest budgetary item for an American city. Most of that being wage and retirement.

Well, sure - isn't that basically what cities do - provide police and fire services? The rest is zoning, permit and code enforcement, which is pretty cheap, and I suppose garbage collection, plus a few bucks for municipal parks and libraries.

Cities often provide utilities, but those are billed separately. School districts are separate bodies.

Economist Paul Krugman sometimes refers to the U.S. federal government as "an insurance company with an army" because, if you judge by expenditure, that's primarily what federal spending goes for: insurance (Social Security, Medicare, Medicaid) and the military. In that sense most municipal governments are school systems with a water treatment plant and a police force.
 
Posted by Dave W. (# 8765) on :
 
quote:
Originally posted by Leorning Cniht:
quote:
Originally posted by lilBuddha:

IIRC, the cost of police and fire can be the single biggest budgetary item for an American city. Most of that being wage and retirement.

Well, sure - isn't that basically what cities do - provide police and fire services? The rest is zoning, permit and code enforcement, which is pretty cheap, and I suppose garbage collection, plus a few bucks for municipal parks and libraries.

Cities often provide utilities, but those are billed separately. School districts are separate bodies.

In Boston, schools account for 36% of the city budget, just over twice the share spent on public safety.
 
Posted by Barnabas62 (# 9110) on :
 
@ mousethief

I guess that approximate 8-1 ratio (which intrigued me too) might have several causes; e.g. increased exposure to risks since the job requires you to put yourself in harm's way, but counterbalanced by better training both in self defence and the use of firearms.

It looks like the sort of issue that might get studied by someone. Have there been any such studies? On general grounds I'd expect a better survival rate for the police in any violent conflicts.

There's probably a ratio in favour of the police in the U,K, as well, though our different gun culture and guidelines for arming the police make such conflicts much rarer than in the U.S. Death by gun is very rare in the UK.

An intriguing and potentially important issue within the U,S.? Might well be. Have you seen any studies, mousethief?
 
Posted by Leorning Cniht (# 17564) on :
 
quote:
Originally posted by Dave W.:
In Boston, schools account for 36% of the city budget, just over twice the share spent on public safety.

Schools take up much more of my taxes than public safety, too, but around here, schools are run by school districts, and not the city.

The same seems to be true of Ferguson, MO, where Ferguson-Florissant School District serves the majority (but not all) of the residents of the city of Ferguson. Which means that schools don't appear on the city budget.
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by Leorning Cniht:
isn't that basically what cities do - provide police and fire services? The rest is zoning, permit and code enforcement, which is pretty cheap, and I suppose garbage collection, plus a few bucks for municipal parks and libraries.

Cities often provide utilities, but those are billed separately. School districts are separate bodies.

Find the nearest city and have a look at their budget.
But roads would be a large chunk you are missing. Roads in America are abysmal as no city has the funds to properly maintain them. Utilities in the US are a mixed lot, IIRC. Public, private and special district. But General Funds are also used for building new and expanding old facilities and other large projects.
But that is all irrelevant. Public Safety is a large portion of your bill to your city no matter how you split the other payments.
 
Posted by Doc Tor (# 9748) on :
 
Long, but worth the read.
 
Posted by Barnabas62 (# 9110) on :
 
An example of how deeply dysfunctional and self-defending the system can be. On a case-by-case basis, the real issue is whether it has been so dysfunctional in particular.

I think that's the issue, Doc. Dysfunction cannot be assumed, but it can certainly be suspected on the basis of track record. Power can always be abused. And all public services need to remember the "Caesar's wife" principle if they want to get and maintain public confidence.
 
Posted by Dave W. (# 8765) on :
 
quote:
Originally posted by Leorning Cniht:
quote:
Originally posted by Dave W.:
In Boston, schools account for 36% of the city budget, just over twice the share spent on public safety.

Schools take up much more of my taxes than public safety, too, but around here, schools are run by school districts, and not the city.

The same seems to be true of Ferguson, MO, where Ferguson-Florissant School District serves the majority (but not all) of the residents of the city of Ferguson. Which means that schools don't appear on the city budget.

Even without the schools, public safety would only be 28% of Boston's budget. Possibly it dominates Ferguson's budget, but it doesn't seem reasonable to just say that police and fire are "what cities do."
 
Posted by Golden Key (# 1468) on :
 
On the TICTH thread, Chastmastr posted a link to a good article on Ferguson, called "Joe Scarborough Has A Lecture For Black America".

It's an opinion piece, with links to corroborating info. Worth a read, IMHO.
 
Posted by Timothy the Obscure (# 292) on :
 
quote:
Originally posted by Barnabas62:
Timothy

I appreciate the argument about normal use. From this side of the pond, the odd thing is the fact that the grand jury processes are normally used by the prosecutor to "indict a ham sandwich" if he wants to. Reading the 5th Amendment, the constitutional position appears to have been to prevent prosecutorial strong-arming a case before a jury unless there was "probable cause". The normal reading of "probable" hardly suggests "not obviously not guilty" but that seems to be the way it gets used.

On reflecting, I'm now pretty convinced that the prosecutor wanted to kick the case, not necessarily out of any pro-police bias but because of the evidence. You might argue a bit of both. But from what's out there now, reasonable doubt is a shoe in. So he used the process to share responsibility, for political reasons as well as legal ones.

For a start, all prosecutors have a pro-police bias--it goes with the job. Cops almost never get indicted for excessive force, even in cases that are much more clear-cut than this one. In McCulloch's case it's even more obvious, since he comes from a family of cops and has said he would have been a cop if he hadn't lost a leg to cancer.

The grand jury process in the US is a problem on many counts, and it is easily abused, usually to the detriment of potential defendants (a lot of the protections that apply in trials don't apply in grand jury proceedings--there's no judge and no lawyers other than the prosecutors). But in this case the bias was blatant. The grand jury received inaccurate instruction about the law (which was corrected at the last minute, after the damage had been done); Wilson got to tell his story at length, to a very friendly questioner who didn't challenge him at all (particularly about the change in his story about his knowledge of the alleged robbery). Significant evidence went uncollected (Wilson was allowed to keep his gun for several hours, and it was never tested for Brown's fingerprints). I find Wilson's account unbelievable on several points, though the other witnesses are equally incredible in various details. Not that I think he's lying, exactly--he was clearly in a state of utter panic, in his own mind being attacked by a black demon capable of "bulking up" like the Hulk--and so his perceptions were radically distorted. That's to be expected from any eyewitness in a high-stress situation. Though you would hope that a cop would keep his cool a little better.

One analysis of the some of the flaws in the process:
here
 
Posted by Barnabas62 (# 9110) on :
 
Golden Key, Timothy the Obscure

Plenty of food for thought in those links. Have the results of the federal autopsy been released yet? In particular, I would have thought that Cyril Wecht's strong opinions of the forensic evidence he's seen would carry a fair bit of weight. He seems to have strengthened his views. The second video clip in the Dail Kos report (which I think predates the first) was pretty measured by comparison with the later first one. I wasn't entirely clear why.

If the Feds believe the forensics and the evidence given about them are sufficiently accurate, or do not support a "violation of civil rights" case, that would seem to end the matter legally.

I think a federal prosecution is still possible (Beeswax Altar opined that it was unlikely earlier in the thread) but if that third autopsy undermines the first and second, then the legal proceedings may not be over.

More later, possibly. I'm busy on RL stuff today.

[ 03. December 2014, 11:15: Message edited by: Barnabas62 ]
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by Barnabas62:

I think a federal prosecution is still possible (Beeswax Altar opined that it was unlikely earlier in the thread) but if that third autopsy undermines the first and second, then the legal proceedings may not be over.

Without getting graphic, multiple autopsies are problematic.
 
Posted by JoannaP (# 4493) on :
 
With apologies to Barnabas62 & the other Purg hosts, this is another lengthy article which I found fascinating as providing a background to the unrest. Can anyone explain to me why Missouri has a system which allows the creation of municipalities too small to support themselves?
 
Posted by Barnabas62 (# 9110) on :
 
@ lilBuddha

True.

After I looked at the comments in detail I realised that the real issue was not the findings of the autopsies (or the related ballistics and trajectory findings) but their significance in support (or contradiction) of testimonies.

I think that is what Cyril Wecht is getting at and he certainly got a few good punches in. Mind you, he got a few good punches in in his criticism of the Warren Commission findings re JFK (I thought I'd heard his name before). Not sure in this case whether he really landed anything approaching a knockout blow, but I think he did make a case that the shooting should have gone to trial, and probably would have if the grand jury had been given different and more rigorous expert opinion.

If the Feds become convinced that the prosecutor loaded the dice in favour of "no bill", and this can be deduced directly from the autopsy, then that might give them a basis to proceed. But I guess they would have to have evidence of deliberate acts of deception, even participation in some kind of cover-up conspiracy. That looks a very tough ask, given that most of the argument would be about reasonable interpretation, with conflicts of professional opinion on show.

@ Joanna P.

No problem. Reading lots comes with the territory. I'll let you all know if my brain begins to get fried!

[ 03. December 2014, 22:40: Message edited by: Barnabas62 ]
 
Posted by Beeswax Altar (# 11644) on :
 
quote:
originally posted by Barnabas62:
I think a federal prosecution is still possible (Beeswax Altar opined that it was unlikely earlier in the thread) but if that third autopsy undermines the first and second, then the legal proceedings may not be over.

I thought the results of all three autopsies were released. Doesn't really matter. I'd be shocked if federal charges were brought against Wilson. Let's take the most well known example of federal civil rights charges against police officers. A man recorded LA police officers severely beating Rodney King. Five of them were tried. Four of them were acquitted on all charges with a hung jury on one charge for the fifth. Federal prosecutors brought civil rights charges against four of the five. Only two of them were actually convicted. One of them was the police sergeant in command of the scene who never hit Rodney King at all. At the sentencing hearing, the judge ruled that only the last few strikes by one officer were illegal. So, in a beating lasting over a minute, only the final few seconds violated federal law. He gave them 30 months instead of the 70 months required by the federal sentencing guidelines. Supreme Court upheld that decision.

This is not the Rodney King case. There is no video. The grand jury did not even indict. There is no Republican president saying that he doesn't understand the verdict and that it doesn't fit what he saw on the tape. Physical evidence supports the police officer's story. Eyewitnesses support the police officer's story.

Talk all you want about Wilson not being cross examined. It doesn't matter. Wilson wouldn't even have to testify at a trial. How well does anybody think Dorian Johnson would hold up under cross examination? How about the witnesses who told conflicting stories? Wilson won't be represented by a public defender. He will be represented by a very good criminal defense attorney. This is how ambitious and talented defense attorneys become famous. From the moment that video of Brown robbing the store went public, every last one of them started salivating at the opportunity to win an acquittal for Wilson and become the next Mark O'Mara or even Johnny Cochran.
 
Posted by Barnabas62 (# 9110) on :
 
Beeswax Altar

I still agree with you that a federal case against ex-officer Wilson looks pretty unlikely. All I'm saying is the odds might be changed if the physical evidence doesn't really stack up the way the prosecution claimed it did; e.g. if Cyril Wecht's view is seen to have force in undermining expert witness testimony.

I'm not sure how US law stands on this, but because a grand jury doesn't not produce a finding on guilt or innocence, I'd have thought that fresh evidence and some kind of supplementary hearing wouldn't be any form of "double jeopardy". Oh sure, politically that doesn't seem at all likely in Missouri and I think the Governor may already have resisted it. That doesn't mean that a critical federal finding wouldn't put some further pressure on the possibility of a reopening.

But I'm sure you're a lot more aware of the possibilities in practice than I am.
 
Posted by Dave W. (# 8765) on :
 
quote:
Originally posted by Beeswax Altar:
This is how ambitious and talented defense attorneys become famous.

By defending cops? Doesn't seem like much of a challenge.
 
Posted by Gwai (# 11076) on :
 
Just read an article that began with the fact that it would not be double jeopardy: Link (Goes on to argue the need for a special prosecutor on the case.) I agree it won't happen though. Sigh.
 
Posted by Golden Key (# 1468) on :
 
Re Cyril Wecht:

I haven't yet read his opinions, but I looked him up on Wikipedia. He may be absolutely right about whatever he said. But he's very controversial--lots of associations with headline cases, and he wrote books about them. He disagreed with the Warren commission about JFK's death--and that alone makes him divisive. Some people absolutely go with the Warren report, some absolutely think there was a massive plot and/or cover-up, and a lot of us are somewhere in the middle. But people who strongly disagree with the official word on JFK are often judged to be kooks, rightly or wrongly.

So, whatever Wecht has to say, he may well be written off because of the above.

FWIW.
 
Posted by Beeswax Altar (# 11644) on :
 
quote:
Originally posted by Dave W.:
quote:
Originally posted by Beeswax Altar:
This is how ambitious and talented defense attorneys become famous.

By defending cops? Doesn't seem like much of a challenge.
By winning high profile cases
 
Posted by Porridge (# 15405) on :
 
And now NYC is on the march for its own police-killed black man.
 
Posted by Dave W. (# 8765) on :
 
quote:
Originally posted by Beeswax Altar:
quote:
Originally posted by Dave W.:
quote:
Originally posted by Beeswax Altar:
This is how ambitious and talented defense attorneys become famous.

By defending cops? Doesn't seem like much of a challenge.
By winning high profile cases
But these are high profile cases because they seem to show that cops can kill with impunity; a "win" doesn't make the attorney look talented, it just confirms that suspicion. Nobody's going to get famous for showing he can shoot fish in a barrel.
 
Posted by Barnabas62 (# 9110) on :
 
quote:
Originally posted by Golden Key:
Re Cyril Wecht:

I haven't yet read his opinions, but I looked him up on Wikipedia. He may be absolutely right about whatever he said. But he's very controversial--lots of associations with headline cases, and he wrote books about them. He disagreed with the Warren commission about JFK's death--and that alone makes him divisive. Some people absolutely go with the Warren report, some absolutely think there was a massive plot and/or cover-up, and a lot of us are somewhere in the middle. But people who strongly disagree with the official word on JFK are often judged to be kooks, rightly or wrongly.

So, whatever Wecht has to say, he may well be written off because of the above.

FWIW.

I'm sure he got asked to comment on TV precisely because he has a track record of speaking his mind, regardless of the established official view, on the basis of how he sees the facts of the matter.

My comment was based purely on his critical view of the evidence. I don't have the expertise to resolve it, but he seemed to make an arguable case that the parts of the physical evidence which were seen to support Wilson might not do that at all. And that did call into question some of the expert witness testimony. The issue is, do the Federal investigators agree with that on the basis of the evidence itself. They might.

For example, the Kos argument re witness statements (in the link provided) does not stand up if the physical evidence, as presented at the grand jury hearings, negates the statements of some of the witnesses. That shows the importance of the physical evidence and the way it was presented.

Of course it is a part of the ongoing assertion that the prosecutor stacked the odds by the way he and his assistants went about their business. But the physical evidence is open to exhaustive and independent scientific testing in a way that witness statements are not. That's the difference I see.
 
Posted by Golden Key (# 1468) on :
 
Resource: HuffPost's section on all things Ferguson.
 
Posted by Barnabas62 (# 9110) on :
 
Thanks for the link, Golden Key.

Professor Mitroff's article struck me as well argued. It's actually not clear to me that if you were on the grand jury and recognised the two incompatible stories issue that you would vote to indict, basically because of the Missouri State self-defence law (which the prosecutors eventually got right in their statements).

On the other hand, I did look at O'Reilly/Kelly from Fox and reached for the sick bowl. That sort of airy dismissiveness just adds fuel to the fire.

What the hell happened to serious consideration? The urge to polarise first seems to me to be both socially and personally destructive, regardless of one's first suspicions or reactions.
 
Posted by Golden Key (# 1468) on :
 
Something I've been wondering: if you're on a grand jury and realize that your vote might help trigger civil unrest, what should you do?

The Ferguson grand jury, IMHO, had reason to think there might be trouble. The grand jury in NYC (?) didn't indict another white cop who strangled a black man--knowing, unless they were sequestered, what happened in Ferguson. And *that* decision caused trouble.

Since these votes were just about indictments, and not deciding guilt in a trial, would it have been wrong for the grand jurors to say, "well, we don't want riots, so let's let a trial jury decide"?

Thoughts?
 
Posted by Lamb Chopped (# 5528) on :
 
They will certainly have been instructed to do their duty without considering social effects, though that's easier said than done.
 
Posted by Beeswax Altar (# 11644) on :
 
quote:
Originally posted by Dave W.:
quote:
Originally posted by Beeswax Altar:
quote:
Originally posted by Dave W.:
quote:
Originally posted by Beeswax Altar:
This is how ambitious and talented defense attorneys become famous.

By defending cops? Doesn't seem like much of a challenge.
By winning high profile cases
But these are high profile cases because they seem to show that cops can kill with impunity; a "win" doesn't make the attorney look talented, it just confirms that suspicion. Nobody's going to get famous for showing he can shoot fish in a barrel.
Mark O'Mara represented George Zimmerman who wasn't a police officer. Johnny Cochran was famous for representing Michael Jackson and OJ Simpson who weren't police officers. Throw in Jerry Spence, Alan Dershowitz, and Vincent Bugliosi. One of the ways to becoming a famous celebrity attorney is by winning high profile cases and Wilson would have been a high profile case. Attorneys take high profile cases they think they can win. That's the point.
 
Posted by Barnabas62 (# 9110) on :
 
The grand jury is an agent of the judiciary. Social policy and its consequences are a matter for the legislature and the executive and are only relevant in so far as they are enshrined in legislation which directly impinges on the crime they are considering.

That's the book, for sure. But I agree with Lamb Chopped. It must be pretty hard to put probable social consequences out of your mind.
 
Posted by Gwai (# 11076) on :
 
They certainly don't seem to have had any trouble worrying about the societal effects of allowing yet another white cop to kill another African-American man with a forbidden chokehold.
 
Posted by Barnabas62 (# 9110) on :
 
Gwai

From the statistics, it seems that at least one American a day (c400 a year) is likely to be killed by a police officer, and at least one police officer a week dies violently in the course of duties.

Treating each case on its merits while looking at underlying causes and possible remedies separately looks like the only way those events can be handled.

I haven't had a look at the chokehold case in any detail.
 
Posted by jbohn (# 8753) on :
 
quote:
Originally posted by Porridge:
And now NYC is on the march for its own police-killed black man.

A bit of a different story from the Brown case, though.

In the NY case the officer is on video applying a hold that NYPD procedures apparently have forbidden since the 1990s, on a nonviolent subject (arrested, IIRC, for selling loose cigarettes, a tax violation) who is telling the officer he can't breathe, for an extended period of time. Much different from a split-second shoot/no-shoot decision by an officer who (rightly or wrongly) believes he's under attack.

[edited to fix bad speling]

[ 04. December 2014, 15:04: Message edited by: jbohn ]
 
Posted by Porridge (# 15405) on :
 
Every case will differ in details of greater or lesser significance.

But for the rest of us great unwashed, it still looks like part of the overall pattern:

Cops can kill black civilians (including black petty criminals) with impunity.

According to a link posted upthread, it's by no means certain that Wilson was aware of the theft committed earlier by Brown.

The eyewitness testimony (however reliable or un-) for Brown's hands-up gesture outnumbers the eyewitness testimony to the contrary.
 
Posted by Gwai (# 11076) on :
 
Barnabas, I completely agree about treating each case on its merits. I just don't think enough Americans/prosecutors/grand juries seem to be willing to actually do so. I think they get this scary black man attacked shining white knight mindset and then miss checking out whether that happens to be what actually happened. Apparently one relative commented on the case saying that anything a police officer does in the line of duty is automatically right.

Re police officer death, I am sorry that it is dangerous to be a police officer. That doesn't go far with me though because it is of course a choice, unlike say being a African-American. (Yes, I know, you aren't arguing against this. Just explaining my reasoning.)

quote:
Originally posted by Barnabas62:
Gwai

From the statistics, it seems that at least one American a day (c400 a year) is likely to be killed by a police officer, and at least one police officer a week dies violently in the course of duties.

Treating each case on its merits while looking at underlying causes and possible remedies separately looks like the only way those events can be handled.

I haven't had a look at the chokehold case in any detail.


 
Posted by Enoch (# 14322) on :
 
quote:
Originally posted by Porridge:
... Cops can kill black civilians (including black petty criminals) with impunity. ...

That's only a really serious accusation if there's a general impression that cops can't kill white civilians and particularly, white petty criminals with impunity.

True, I'm thousands of miles away. I may be unfairly impugning a great nation with a noble vision. But one rather gets the impression from here that if US police are trigger happy, they kill people without discriminating much whether by race, colour or creed.
 
Posted by Barnabas62 (# 9110) on :
 
It"s certain that Wilson was aware of the theft before he encountered Brown and Johnson. What's been disputed is only when the penny dropped for Wilson that the two of them may have committed the theft. Johnson confirms Brown was carrying the stolen cigarillos in his hands. Wilson says in his grand jury testimony that seeing the cigarillos in Brown's hands was the point at which he started to put two and two together. Johnson says in his testimony that Wilson drove away from them after the initial 'get on the sidewalk' encounter, then reversed back to stop them making progress.

What's not to understand about that sequence? Wilson said in his initial interview that he heard the police radio broadcast about the theft. He just didn't make clear in that interview when the penny dropped. On that point of clarification, Johnson's testimony actually gives some credence to Wilson's.

All of that is on the record. So far as the witness testimony is concerned, well that's where the physical evidence and any dispute over its meaning comes in.

Two stories in conflict again, Porridge. That Professor on the Huff Post link made a really good point re the fact that this isn't about "all lies on one side, all truth on the other". As usual the detail gives the lie to simple stereotyping.
 
Posted by Gwai (# 11076) on :
 
quote:
Originally posted by Enoch:
quote:
Originally posted by Porridge:
... Cops can kill black civilians (including black petty criminals) with impunity. ...

That's only a really serious accusation if there's a general impression that cops can't kill white civilians and particularly, white petty criminals with impunity.
Maybe I am biased, but as a white American that is exactly my impression, and it's the impression others on my fb feed seem to have too. For instance, I remember a couple dramatically violent cops in my city a few years ago who attacked (separately) a couple of (white) bartenders who cut them off. Either one or both of them went to jail despite lack of video, etc. Neither bartender died either. Yet the cops in Ferguson and NYC won't go to jail, and I bet the one who killed the boy in Michigan (IIRC, had a toy gun in a store, didn't brandish it, killed) doesn't either.
 
Posted by Leorning Cniht (# 17564) on :
 
quote:
Originally posted by Golden Key:
Something I've been wondering: if you're on a grand jury and realize that your vote might help trigger civil unrest, what should you do?

I'm assuming that jurors on a grand jury have to make some kind of promise to judge the case before them on the facts, without external influence and so on.

That's what you should do, and that is what you promised to do. I'm surprised you think there's even a question about this.
 
Posted by Doc Tor (# 9748) on :
 
quote:
Originally posted by Enoch:
quote:
Originally posted by Porridge:
... Cops can kill black civilians (including black petty criminals) with impunity. ...

That's only a really serious accusation if there's a general impression that cops can't kill white civilians and particularly, white petty criminals with impunity.
I've been to the US exactly once, and didn't get much further than the hotel at the end of the runway. But I have plenty of American friends, and friends who visit America, and yes, a couple of times, the shit has gone down and their skin colour (white) hasn't saved them from being treated abominably. At least they weren't shot, though.

Which, I have the impression, they'd be in distinct danger of if they'd been non-white.
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by Barnabas62:
It"s certain that Wilson was aware of the theft before he encountered Brown and Johnson.

Actually that's not certain. It was claimed by new millionaire Darren Wilson during his grand jury testimony, but it contradicts the earliest statements on the matter made by his department shortly after they released the video of the robbery. Since this was several days after the shooting and the department had supposedly already questioned not-yet millionaire Wilson extensively about the incident, why they'd claim the exact opposite of what new millionaire Wilson supposedly told them is opaque. We have to entertain at least the possibility that this was an invented detail to deflect culpability.

[ 04. December 2014, 17:27: Message edited by: Crœsos ]
 
Posted by Ikkyu (# 15207) on :
 
More information on the choke-hold case:

Another Shocker

But I expect people to claim there was no racism involved and that there is no pattern here.
I live in Arizona, police don't treat white and black people the same, they just don't. Any claim
to the contrary at this stage shows willful blindness.
I guess the 6 policemen in this case were afraid for their lives and under stress and he was a "tax evader".
Or as an elected republican representative says is his fault because he was overweight.

Not a Racist
 
Posted by Palimpsest (# 16772) on :
 
quote:
Originally posted by Enoch:
True, I'm thousands of miles away. I may be unfairly impugning a great nation with a noble vision. But one rather gets the impression from here that if US police are trigger happy, they kill people without discriminating much whether by race, colour or creed.

As an American I get the impression there are less consequences for a policeman who kills a white civilian but they are more likely to result in a court case.

Two cases come to mind which resulted in court cases. One was a friend of mine who was doing an AIDS protest at the Massacuhessets Legislature. The legislature police ( appointed by the Speaker ) stomped him and broke his arm. Unfortunately for them, a local tv station was running a television camera at the time.

I had another friend who ran a restaurant in a very dicey neighborhood. He came across someone who was trespassing and got into a fight. The trespasser turned out to be a police officer and he was charged with assaulting an officer. Fortunately the case was dropped when said officer died of a drug overdose.

Seattle, which is a fairly liberal city, is currently negotiating settlement of a federal case which describes the racially selective enforcement by the police. The usual evasion is to say that the City is helpless because of the negotiated contract with the Police Guild. But there's plenty examples where egregious cases have been sidetracked and the police allowed to continue in their jobs.

[ 04. December 2014, 17:58: Message edited by: Palimpsest ]
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by Gwai:
. . . and I bet the one who killed the boy in Michigan (IIRC, had a toy gun in a store, didn't brandish it, killed) doesn't either.

He was actually at a city park in Ohio. The black man shot in a store for holding a toy gun (one of the store's products) was a separate incident also in Ohio. And yes, the police shooter was also never charged in that case as well.
 
Posted by Byron (# 15532) on :
 
quote:
Originally posted by Ikkyu:
More information on the choke-hold case:

Another Shocker [...]

There's a major factual error in that piece: "Though the medical examiner ruled the death a homicide, Donovan [the prosecutor] decided to go the grand jury route, rather than just charging Pantaleo."

In NY, grand juries are mandatory in felony cases, unless the defendant waives it. Sure, the officer could've been charged without one, but if so, a grand jury would've been convened within days, and we'd have the same result.

Turns out my posting up the NY grand jury handbook was more relevant than I ever could've guessed!
 
Posted by Barnabas62 (# 9110) on :
 
quote:
Originally posted by Crœsos:
quote:
Originally posted by Barnabas62:
It"s certain that Wilson was aware of the theft before he encountered Brown and Johnson.

Actually that's not certain. It was claimed by new millionaire Darren Wilson during his grand jury testimony, but it contradicts the earliest statements on the matter made by his department shortly after they released the video of the robbery. Since this was several days after the shooting and the department had supposedly already questioned not-yet millionaire Wilson extensively about the incident, why they'd claim the exact opposite of what new millionaire Wilson supposedly told them is opaque. We have to entertain at least the possibility that this was an invented detail to deflect culpability.
Here's the 10th August interview

Top of page 4.

Here is the police chief's statement to the press and questioning.

There's no contradiction, Croesos. The police chief's statement is that Wilson's initial stop was because of jaywalking, which is what Johnson confirms.

The confusion is simply over when Wilson realised that the two might have been involved in the robbery, not when he knew there was a robbery. Has anyone disputed that there was a broadcast about the robbery on police radio?

It's the two scenarios again, Croesos. In scenario 1, Wilson's entire behaviour was based on anger against a couple of jaywalkers, and therefore his first statement about hearing about the robbery must have been fabricated. "As we can see from the fact the the police chief said he didn't know they were suspects when he stopped them."

Whereas the sequence of knowing about the robbery, stopping the two jaywalkers because they were jaywalking, then realising they might be connected with the robbery, doesn't actually contradict what anyone said.

If the detail (that he heard the broadcast about the robbery) was indeed invented, it was invented within the first 24 hours. But I'll give you that possibility. I just don't get the inconsistency argument. The August 10 interview simply doesn't clarify at what point Wilson's knowledge of the robbery turned into suspicion that the two he'd encountered for jaywalking might be involved. For a supposed invented detail, that's pretty sloppy invention.

[ 04. December 2014, 18:48: Message edited by: Barnabas62 ]
 
Posted by Ikkyu (# 15207) on :
 
quote:
Originally posted by Byron:
quote:
Originally posted by Ikkyu:
More information on the choke-hold case:

Another Shocker [...]

There's a major factual error in that piece: "Though the medical examiner ruled the death a homicide, Donovan [the prosecutor] decided to go the grand jury route, rather than just charging Pantaleo."

In NY, grand juries are mandatory in felony cases, unless the defendant waives it. Sure, the officer could've been charged without one, but if so, a grand jury would've been convened within days, and we'd have the same result.

Turns out my posting up the NY grand jury handbook was more relevant than I ever could've guessed!

So that excuses the actions of the police?
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by Barnabas62:
There's no contradiction, Croesos. The police chief's statement is that Wilson's initial stop was because of jaywalking, which is what Johnson confirms.

The confusion is simply over when Wilson realised that the two might have been involved in the robbery, not when he knew there was a robbery. Has anyone disputed that there was a broadcast about the robbery on police radio?

Which doesn't explain Chief Jackson's insistence that the only reason he had released the tape was because of a FOIA request. (A FOIA request which, to the best of my knowledge, has never been identified to date.) The clear implication, especially when combined with Jackson's other statements, is that the events depicted on the tape are not related to Wilson's encounter with Brown.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by Ikkyu:
But I expect people to claim there was no racism involved and that there is no pattern here.

And I expect people to treat individual cases as individual.

It's highly instructive that this thread, about the Ferguson shooting, is seen as an appropriate vehicle for discussing any death of a black male at the hands of a white police officer.

It's highly instructive that it's often assumed that one's view on any given case will be the same as one's view on every case. That if one thinks one white police officer was correctly not prosecuted, one must think that every white police officer was correctly not prosecuted.

THAT is racism just as much as everything else. Because even if there was no racism involved whatsoever, from time to time a white police officer would kill a black person just by virtue of there being some white police officers and some black people. The statistically 'normal' level of these events is not zero unless and until there are no lethal weapons available.

I'm not going to rejoin this conversation at any length because I simply don't believe that most people are interested in any kind of nuanced discussion about why it's perhaps correct in some cases that a police officer, whatever their skin colour, is innocent of any crime and why in other cases it's rather disturbing that no charges are brought. That's just too subtle for the kind of sweeping general position that fits within a media soundbite.

[ 04. December 2014, 19:57: Message edited by: orfeo ]
 
Posted by Timothy the Obscure (# 292) on :
 
quote:
Originally posted by Enoch:
quote:
Originally posted by Porridge:
... Cops can kill black civilians (including black petty criminals) with impunity. ...

That's only a really serious accusation if there's a general impression that cops can't kill white civilians and particularly, white petty criminals with impunity.

True, I'm thousands of miles away. I may be unfairly impugning a great nation with a noble vision. But one rather gets the impression from here that if US police are trigger happy, they kill people without discriminating much whether by race, colour or creed.

Actually, Black people are much more likely to be killed during an arrest. When I've got time I may drag out the statistics, but a bit of a summary can be found in the short video at the bottom of this page.
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by orfeo:
quote:
Originally posted by Ikkyu:
But I expect people to claim there was no racism involved and that there is no pattern here.

And I expect people to treat individual cases as individual.
Which seems to take the position that there's no such thing as systematic or institutional racism, or at least such a thing doesn't exist to any degree that would be worthy of discussion.

[ 04. December 2014, 20:12: Message edited by: Crœsos ]
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by Crœsos:
quote:
Originally posted by orfeo:
quote:
Originally posted by Ikkyu:
But I expect people to claim there was no racism involved and that there is no pattern here.

And I expect people to treat individual cases as individual.
Which seems to take the position that there's no such thing as systematic or institutional racism, or at least such a thing doesn't exist to any degree that would be worthy of discussion.
Not a bit. But you don't discuss systematic or institutional racism by picking apart an individual case and commenting on its evidence. Which is what most of the discussion here is doing.

You're not actually discussing institutional racism at all when you come up with complicated theories about why certain pieces of evidence should be disbelieved. You're assuming it and then fitting the facts of the individual case to your working theory.

[ 04. December 2014, 20:25: Message edited by: orfeo ]
 
Posted by orfeo (# 13878) on :
 
Really, it is no different from the fallacious reasoning that because there is a very real problem with sexual assault of women, that every woman who reports a sexual assault must have been sexually assaulted.

Locally, there is currently a major investigation into the fact that a police officer spent 4 months in jail because his ex-girlfriend made malicious sexual assault claims as a tactic in a property dispute, aided by her new boyfriend.

And I anecdotally know of a case where a woman wrongly accused a coworker of sexual assault to distract from other issues, only to have it blow up in her face because the accused man was actually gay.

These women were relying on the meme that men habitually assault women to enhance their credibility. To suggest that because I take the view that these particular cases were wrongful accusations that I must therefore take the position that there is no such thing as a systemic problem with the sexual assault of women is just utterly fallacious reasoning.
 
Posted by Crœsos (# 238) on :
 
Wow. Can't discuss the details of an individual case because it doesn't address systematic racism, and can't discuss systematic racism because individual cases should be discussed individually. Is there anything that can be discussed, aside from the weather?
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by Crœsos:
Wow. Can't discuss the details of an individual case because it doesn't address systematic racism, and can't discuss systematic racism because individual cases should be discussed individually.

That isn't what I said, but frankly I don't expect nuance from you. I'm done again. Bye.
 
Posted by cliffdweller (# 13338) on :
 
quote:
Originally posted by orfeo:
quote:
Originally posted by Ikkyu:
But I expect people to claim there was no racism involved and that there is no pattern here.

And I expect people to treat individual cases as individual.

It's highly instructive that this thread, about the Ferguson shooting, is seen as an appropriate vehicle for discussing any death of a black male at the hands of a white police officer.

It's highly instructive that it's often assumed that one's view on any given case will be the same as one's view on every case. That if one thinks one white police officer was correctly not prosecuted, one must think that every white police officer was correctly not prosecuted.

THAT is racism just as much as everything else. Because even if there was no racism involved whatsoever, from time to time a white police officer would kill a black person just by virtue of there being some white police officers and some black people. The statistically 'normal' level of these events is not zero unless and until there are no lethal weapons available.

I'm not going to rejoin this conversation at any length because I simply don't believe that most people are interested in any kind of nuanced discussion about why it's perhaps correct in some cases that a police officer, whatever their skin colour, is innocent of any crime and why in other cases it's rather disturbing that no charges are brought. That's just too subtle for the kind of sweeping general position that fits within a media soundbite.

The way to have a nuanced discussion is to have a nuanced discussion-- including engaging with people who disagree with you-- and listening to what other people are saying. Including the many posters who have pointed out that dealing with systemic problems requires a willingness to think beyond individual cases.

As noted already, if one is a judge or juror, one must, yes, treat each case individually, and determine the accused's guilt or innocence based on the evidence of this particular case alone.

However, any attempt to deal with systemic issues requires by definition moving beyond that. Not as judge or juror, but as members of society. To deal with systemic evils, we must talk about patterns and similarities between individual cases. We must look at overall statistics and outcomes, as has been done here, in order to find common threads. In the article by Soong-Chan Rah I cited above, he cites this insistence on treating all racism as "individual sins" only as the primary factor driving white privilege and enabling and equipping corporate racism. It's only by looking at the differential outcomes and asking why-- on a larger and more comprehensive scale-- that we'll get at any systemic problems. THAT is what a "nuanced" approach would entail.
 
Posted by Ikkyu (# 15207) on :
 
quote:
Originally posted by orfeo:
quote:
Originally posted by Ikkyu:
[qb] But I expect people to claim there was no racism involved and that there is no pattern here.

And I expect people to treat individual cases as individual.

It's highly instructive that this thread, about the Ferguson shooting, is seen as an appropriate vehicle for discussing any death of a black male at the hands of a white police officer.

It's highly instructive that it's often assumed that one's view on any given case will be the same as one's view on every case. That if one thinks one white police officer was correctly not prosecuted, one must think that every white police officer was correctly not prosecuted.

THAT is racism just as much as everything else. Because even if there was no racism involved whatsoever, from time to time a white police officer would kill a black person just by virtue of there being some white police officers and some black people. The statistically 'normal' level of these events is not zero unless and until there are no lethal weapons available.

I'm not going to rejoin this conversation at any length because I simply don't believe that most people are interested in any kind of nuanced discussion about why it's perhaps correct in some cases that a police officer, whatever their skin colour, is innocent of any crime and why in other cases it's rather disturbing that no charges are brought. That's just too subtle for the kind of sweeping general position that fits within a media soundbite.

Nobody said that you think that every white police officer was correctly not prosecuted. But a pattern of acquittals in a country with a long history of racism is not irrelevant to the particular case of Ferguson.
I did not say you were racist. But you seem not to have extended that same courtesy to me.
quote:

Originally posted by orfeo:
THAT is racism just as much as everything else.

Which is funny considering nobody said this and you have no idea about my race, and even funnier when "everything else" includes shooting unarmed people or 12 year olds kids with toy guns or strangling unarmed "tax evaders".
 
Posted by Byron (# 15532) on :
 
quote:
Originally posted by Ikkyu:
So that excuses the actions of the police?

No, as it happens, I think the NY chokehold looks a lot worse than the Ferguson case. I'll accept the grand jury's decision, as they've reviewed all the evidence, and I haven't, but doesn't mean I have to like it.

I just wish reports would keep to the facts. Things are bad enough without them distorting things, whether deliberately, or recklessly.
 
Posted by Barnabas62 (# 9110) on :
 
Croesos, I don't get that argument. The video was relevant if at any time during the altercations. after the first jaywalk encounter, Wilson had grounds for belief that Brown and Johnson might have been involved in the theft. Which they were, of course. I've seen somewhere else some information about the request to release it and will check back.

The other point from Johnson's testimony is the suggestion that they were walking down the road as a kind of hiding in plain sight. That's not the thing you'd expect thieves leaving the scene of the theft to do. It's hardly surprising that Wilson didn't make an immediate connection. YMMV but that seems very plausible to me.

Finally, since you mentioned Johnson's other grand jury testimony. The whole lot is worth reading. I thought he rambled, corrected himself, was generally all over the place.

A lot has been made of possible inconsistencies in Wilson's testimony. So far as Johnson is concerned, based on how he told it to the grand jury, in any full trial I reckon any reasonable defence lawyer would have had him for lunch. YMMV there also.
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by Barnabas62:
Croesos, I don't get that argument. The video was relevant if at any time during the altercations. after the first jaywalk encounter, Wilson had grounds for belief that Brown and Johnson might have been involved in the theft. Which they were, of course. I've seen somewhere else some information about the request to release it and will check back.

Which begs the question of why Chief Jackson didn't say so when asked. He indicated there was no other reason for releasing the tape than a bunch of FOIA requests. It's in the video of your previous CNN link. This was a week after the shooting. Why the reason for the coy responses if Jackson was aware that Wilson had (eventually) recognized Brown as a robbery suspect?

quote:
Originally posted by Barnabas62:
Finally, since you mentioned Johnson's other grand jury testimony. . . .

I did? Where?
 
Posted by Barnabas62 (# 9110) on :
 
Croesos

I rewatched the video. The Ferguson Chief simply responded to supplementaries. I didn't think he was coy. He also said he didn't know what Wilson said in detail in his interview. Looks like he was working from a brief.

On Johnson's testimony, you're right. I made a stupid mistake. I misread Jackson for Johnson in your earlier post. And feel pretty foolish about that. My apologies for misreading you.

My observations re Johnson's testimony before the grand jury still stand and have some relevance to Wilson's relative credibility, both in the initial interview and the grand jury testimony. But you didn't prompt them.
 
Posted by Dave W. (# 8765) on :
 
quote:
Originally posted by Beeswax Altar:
quote:
Originally posted by Dave W.:
quote:
Originally posted by Beeswax Altar:
quote:
Originally posted by Dave W.:
quote:
Originally posted by Beeswax Altar:
This is how ambitious and talented defense attorneys become famous.

By defending cops? Doesn't seem like much of a challenge.
By winning high profile cases
But these are high profile cases because they seem to show that cops can kill with impunity; a "win" doesn't make the attorney look talented, it just confirms that suspicion. Nobody's going to get famous for showing he can shoot fish in a barrel.
Mark O'Mara represented George Zimmerman who wasn't a police officer. Johnny Cochran was famous for representing Michael Jackson and OJ Simpson who weren't police officers. Throw in Jerry Spence, Alan Dershowitz, and Vincent Bugliosi. One of the ways to becoming a famous celebrity attorney is by winning high profile cases and Wilson would have been a high profile case. Attorneys take high profile cases they think they can win. That's the point.
Sure - that's your point. My point is that just getting a high-profile case isn't enough to win a defense lawyer fame. It has to look like he's achieved something hard, like your examples of successfully defending OJ or MJ, guys who people thought actually ran a serious risk of losing.

Getting a not-guilty verdict for a cop, on the other hand, doesn't look hard; it looks like a gimme.
 
Posted by Rossweisse (# 2349) on :
 
I had a long, thoughtful, well-reasoned post all ready to go, and then the Internet burped. So you get this one instead:

Like Lamb Chopped, I live in St. Louis. I thought I knew Ferguson pretty well; I've preached a number of times at St. Stephen's, the Episcopal parish there. It's a nice town.

I was not, however, acquainted with W. Florissant Road and environs (there are three different Florissant Roads; West F actually runs north-south) until one night in August. I accompanied an illustrator who'd decided to put up his easel on the sidewalk and paint under a street light. People stopped by to see what he was doing, and to chat.

I heard horrifying stories about their daily lives, the profiling, the false arrests, their fears for their children. The problem is not that Mike Brown was shot per se; the problem is systemic - and not just in Ferguson, or in St. Louis. I'd say that New York has an even bigger problem.

There is a lot of work to be done, on many different levels. Those of us who call ourselves Christians have even more responsibilities.
 
Posted by Amanda B. Reckondwythe (# 5521) on :
 
Nice to see you back, Rossweisse.
 
Posted by Rossweisse (# 2349) on :
 
Thank you, Miss Amanda.
 
Posted by RuthW (# 13) on :
 
quote:
Originally posted by orfeo:
It's highly instructive that this thread, about the Ferguson shooting, is seen as an appropriate vehicle for discussing any death of a black male at the hands of a white police officer.

There should be separate threads for every single one? We could dedicate a whole board just to threads discussing white cops shooting black men.

You're not reading this thread in the same context that Americans are. This case, the Eric Garner case, the Tamir Rice case, a police shooting in Phoenix on Tuesday, the results of a Justice Department investigation of the Cleveland police force -- attention these things are collectively receiving is leading to protests in cities all over the country. More people were arrested demonstrating in Los Angeles over the Ferguson grand jury decision than were arrested in Missouri. Civil rights activists are calling for a rally in Washington, DC on December 13 to ask for federal intervention in excessive force cases. I don't know if anything will happen in the end, but when the white mayor of New York is talking in a news conference about how much he worries about the safety of his mixed-race son, about how he and his wife had to teach their son how to behave when stopped by cops, it sure seems like things are different than they used to be.

quote:
It's highly instructive that it's often assumed that one's view on any given case will be the same as one's view on every case. That if one thinks one white police officer was correctly not prosecuted, one must think that every white police officer was correctly not prosecuted.

THAT is racism just as much as everything else. Because even if there was no racism involved whatsoever, from time to time a white police officer would kill a black person just by virtue of there being some white police officers and some black people. The statistically 'normal' level of these events is not zero unless and until there are no lethal weapons available.

It's not racism, it's just slopping thinking. And your hypothetical situation is very, very far from the real one we live in here in the US, where black people.

Oh, and nice ad hominem attack on Croesus.
 
Posted by Rossweisse (# 2349) on :
 
quote:
Originally posted by Crœsos:
Which doesn't explain Chief Jackson's insistence that the only reason he had released the tape was because of a FOIA request. ...

Chief Jackson took a lot of grief for releasing that tape at the same time that he identified Officer Wilson. My sense is that he's in over his head, but has not deliberately done stupid things. I think he's sincere, but that there's a reason he runs a small department in a small city instead of anything larger.

I can forgive him more readily than the chief of the County police, who made mistake after mistake, or, especially, than of the governor. I'm trying to think of one thing that Jay Nixon has done right in this whole thing. I am coming up blank.
 
Posted by Doc Tor (# 9748) on :
 
Jim Wallis seems to think that the problem is endemic. As does "Conservative white Southern Baptist leader Russell Moore"
quote:
“In the public arena, we ought to recognize that it is empirically true that African-American men are more likely, by virtually every measure, to be arrested, sentenced, executed, or murdered than their white peers. We cannot shrug that off with apathy.”

 
Posted by Barnabas62 (# 9110) on :
 
Rossweisse, it is good to see you posting again and I appreciated the background. Plus your comments on the two Chiefs echoed my own 'from a distance' impressions.

I think you've underlined RuthW's point and Dave's Jim Wallis link does the same. Those of us from outside the U,S. are not likely to appreciate the background to this tragedy in the same way as U.S. citizens do. What we know, we know from a distance. We may not 'grok' things in the same way as you do.

As I commented earlier, I got involved in this thread largely as a result of the Host obligation to read links and particularly the grand jury information. So there is a lot of information in my head about the main characters. Plus a general impression that the tragedy illustrates some of the polarisations in U.S. political and social life only too well. But I readily acknowledge that I don't live with what you all live with. And that makes a difference.
 
Posted by Golden Key (# 1468) on :
 
Barnabas--

Thanks for that acknowledgment.
 
Posted by Golden Key (# 1468) on :
 
Fania Davis (sister of Angela Davis, former Black Panther) is calling for a truth and reconciliation process. (Article in YES! magazine.) Click on the "Peace and Justice" link at the top for more Ferguson/NYC articles.

And Angela Davis wrote in The Guardian on "From Michael Brown to Assata Shakur, the racist state of America persists".

ETA: While poking around, I found two interesting stories--one that 2 men from the New Black Panthers allegedly were going to shoot someone (Wilson?) in Ferguson; and another that the former (?) head of NBP worked to protect the cops in Ferguson. I think, from his last name (Shabazz) that he's related to Malcolm X. (Don't want to overwhelm the H/As with links, but the stories are easy to find via search.)

[ 05. December 2014, 11:08: Message edited by: Golden Key ]
 
Posted by Barnabas62 (# 9110) on :
 
On Croesos' point about who triggered freedom of information - plus the issue of what Wilson knew and when did he know it, the embedded video clip in an article dated 15 August gives the Chief's explanation of requests from the media, plus his understanding at that time of how it dawned on Wilson that Brown might have been involved in a robbery.

I had seen the article before, but it took me a bit of time to recall how to find it.
 
Posted by malik3000 (# 11437) on :
 
In all this very long thread, talking about the intricacies of the various grand jury processes and individualities of each case, what gets lost sight of is the essential core issue -- THE essential, fundamental core issue.

Thank you Ikkyu for pointing out the 9000 pound mastodon in the room -- and a situation which most certainly not confined to Arizona.

quote:
Originally posted by Ikkyu:
I live in Arizona, police don't treat white and black people the same, they just don't. Any claim
to the contrary at this stage shows willful blindness.

(Italics in about quote added by me)

[ 05. December 2014, 14:22: Message edited by: malik3000 ]
 
Posted by Porridge (# 15405) on :
 
quote:
Originally posted by RuthW:

You're not reading this thread in the same context that Americans are.

This. This, this, this.

In addition to Jim Wallis’s “arrested, convicted, sentenced, killed” list, there’s far more: black men almost invariably receive longer or harsher sentences than whites for the exact same crime.

US black male life expectancy.

Black unemployment

Education for young black US men

It's possible to go on and on. News stories of the overall terrible outcomes, by almost any measure you care to come up with, for black men in the US appear constantly in the US press; I imagine few of these stories cross international borders to help paint a true picture of the status of black American males. When Americans read news of another unarmed black man being shot (just before I started this post, I read of another killing in Arizona), we do so against this larger backdrop.

In fact, it’s hard for me to separate many of our current president’s difficulties in dealing with Congress and assorted domestic issues from precisely this same context. But that’s a different discussion.
 
Posted by cliffdweller (# 13338) on :
 
quote:
Originally posted by Porridge:
quote:
Originally posted by RuthW:

You're not reading this thread in the same context that Americans are.

This. This, this, this.

In addition to Jim Wallis’s “arrested, convicted, sentenced, killed” list, there’s far more: black men almost invariably receive longer or harsher sentences than whites for the exact same crime.

US black male life expectancy.

Black unemployment

Education for young black US men

It's possible to go on and on. News stories of the overall terrible outcomes, by almost any measure you care to come up with, for black men in the US appear constantly in the US press; I imagine few of these stories cross international borders to help paint a true picture of the status of black American males. When Americans read news of another unarmed black man being shot (just before I started this post, I read of another killing in Arizona), we do so against this larger backdrop.

In fact, it’s hard for me to separate many of our current president’s difficulties in dealing with Congress and assorted domestic issues from precisely this same context. But that’s a different discussion.

Exactly. And again, the repeated call to consider each case "individually" (outside of the courtroom) are exactly what allows this sort of systemic inequality to continue.

[ 05. December 2014, 14:48: Message edited by: cliffdweller ]
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by Barnabas62:
On Croesos' point about who triggered freedom of information - plus the issue of what Wilson knew and when did he know it, the embedded video clip in an article dated 15 August gives the Chief's explanation of requests from the media, plus his understanding at that time of how it dawned on Wilson that Brown might have been involved in a robbery.

Which is still a huge distance from us being able to be "certain that Wilson was aware of the theft". As I mentioned earlier, new millionaire Wilson is a textbook example of a self-interested witness. Chief Jackson also has an interest in painting his department in the best possible light and, not to put too fine a point on it, seems to preside over a police department that specializes in running up fines on spurious or fraudulent charges against black citizens. Given the way "fits the description" is a fairly standard police go-to in situations like this, I don't know how you can claim to know what Wilson knew with absolute certainty. I can see believing it's plausible, possible, or even likely, but how do you get to "certain" in circumstances like this?
 
Posted by Eutychus (# 3081) on :
 
hosting/
quote:
Originally posted by RuthW to orfeo:
Oh, and nice ad hominem attack on Croesus.

Accusing someone of an ad hominem attack appears in and of itself to be a form of ad hominem attack and is making the hosts' heads hurt.

Orfeo appears to have left the thread, but please, all of you, help maintain our high Purgatory standards by ensuring the light on this thread outweighs the heat, or visit Hell and enjoy the company of the hosts there. Thank you for your cooperation.

/hosting
 
Posted by Martin60 (# 368) on :
 
I've kept away from this, but I read the Wiki article yesterday. Even if Wilson feared for his life as the result of impeccable policing INCLUDING if that the penny had just dropped as he drove away, in that Brown & Johnson were suspects in the store robbery of which he was aware, it's awful. Impeccable policing would involve him not saying "Get the fuck on the sidewalk.".

Would a highly trained - including morally - officer fire at least eight times at an unarmed man?

Tactically Wilson seemed incompetent from the moment he reversed the car and it escalated from there. That's assuming he wasn't aggressively profane. Otherwise it started then.

Wilson seemed to behave more like a half trained soldier in an insurgency.
 
Posted by LeRoc (# 3216) on :
 
quote:
Martin60: Wilson seemed to behave more like a half trained soldier in an insurgency.
This.
 
Posted by lilBuddha (# 14333) on :
 
I'm weary of this thread. All you who say judge by the individual case, watch this. WARNING it is a video of the NYPD killing Eric Garner.
They used an illegal choke hold against a man who was not threatening them for supposedly selling illegal cigarettes.
And they will not face a day in court, much less any time in prison.
Fuck the system.
 
Posted by Porridge (# 15405) on :
 
I was about to post the same video, lilBuddha.

I'll revise my post accordingly, but here goes:

The Staten Island grand jury’s decision not to indict a police officer for using a possibly illegal chokehold was, according to one police source, justified because Mr. Garner resisted arrest. This made me wonder what actions or behaviors can be categorized as “resisting arrest” to the point where physical intervention might be called for.

Here's one source on the subject.

Here’s a quote from the same source:
quote:
Under New York penal law, in order to convict a person of Resisting Arrest, it must be proven that the person:

1. Intentionally prevents or attempts to prevent
2. A police officer or peace officer
3. From effecting an authorized arrest.
Resisting arrest is a misdemeamor charge.

After watching the video posted above, I can’t help wondering about the “resistance” to arrest here. Assume for the moment that Garner was telling the truth, was not selling loosies, and had instead just broken up a fight. Are citizens required to cooperate with arresting officers even where the charges are spurious? Is it possible to resist arrest when officers have not yet at any point stated “You’re under arrest?” (I do note the small bulge in the left pocket of Garner’s shorts: a pack of cigarettes or maybe just his wallet?) Is it a misdemeanor to resist false arrest?

Whether or not the chokehold is legal, is physical attack the standard response to a suspect who has shown only verbal and no physical resistance?

Ramsey Orta has now been arrested on firearms charges. He has form, but also claims he’s now being set up by the police for having filmed the chokehold on Garner.
 
Posted by Martin60 (# 368) on :
 
We are the system.
 
Posted by Mere Nick (# 11827) on :
 
quote:
Originally posted by Porridge:
This made me wonder what actions or behaviors can be categorized as “resisting arrest”

Getting your ass whupped by cops.
 
Posted by Byron (# 15532) on :
 
quote:
Originally posted by Porridge:
[...] After watching the video posted above, I can’t help wondering about the “resistance” to arrest here. Assume for the moment that Garner was telling the truth, was not selling loosies, and had instead just broken up a fight. Are citizens required to cooperate with arresting officers even where the charges are spurious? Is it possible to resist arrest when officers have not yet at any point stated “You’re under arrest?” (I do note the small bulge in the left pocket of Garner’s shorts: a pack of cigarettes or maybe just his wallet?) Is it a misdemeanor to resist false arrest? [...]

There's a common law right to resist an illegal arrest (since an illegal arrest is assault, battery, and trespass). Many states have abolished it, but it still exists in NY. (Link also details the NY resisting arrest statute.)

Actually doing it is a spectacularly bad idea, as Garner's tragic death shows. Fight charges in court, not the street. If he'd surrendered peacefully, he'd have been taken to central booking, arraigned, and out in around 24 hours, or earlier if they'd given him a desk ticket.

It's just not worth it.
 
Posted by Mere Nick (# 11827) on :
 
quote:
Originally posted by Byron:
Fight charges in court, not the street.

Yep. The cops WILL win a street confrontation.
 
Posted by Ikkyu (# 15207) on :
 
quote:
Originally posted by Byron:
quote:
Originally posted by Porridge:
[...] After watching the video posted above, I can’t help wondering about the “resistance” to arrest here. Assume for the moment that Garner was telling the truth, was not selling loosies, and had instead just broken up a fight. Are citizens required to cooperate with arresting officers even where the charges are spurious? Is it possible to resist arrest when officers have not yet at any point stated “You’re under arrest?” (I do note the small bulge in the left pocket of Garner’s shorts: a pack of cigarettes or maybe just his wallet?) Is it a misdemeanor to resist false arrest? [...]

There's a common law right to resist an illegal arrest (since an illegal arrest is assault, battery, and trespass). Many states have abolished it, but it still exists in NY. (Link also details the NY resisting arrest statute.)

Actually doing it is a spectacularly bad idea, as Garner's tragic death shows. Fight charges in court, not the street. If he'd surrendered peacefully, he'd have been taken to central booking, arraigned, and out in around 24 hours, or earlier if they'd given him a desk ticket.

It's just not worth it.

Did you watch the video? You can call it a "tragic death". But it is still murder.
Pay particular attention to the lack of medical care after he was no longer "resisting arrest" as you insist in calling his actions. Nice way to blame the victim. At least you did not blame his death on his being overweight as the republican state representative did in the link I posted.

[ 05. December 2014, 18:42: Message edited by: Ikkyu ]
 
Posted by Amanda B. Reckondwythe (# 5521) on :
 
quote:
Originally posted by Mere Nick:
The cops WILL win a street confrontation.

Unless you're white and wealthy.
 
Posted by Barnabas62 (# 9110) on :
 
@ Croesos

I conceded the "certain" point in my earlier post. Here are the extracts

quote:
Originally posted by Barnabas62:
quote:
Originally posted by Crœsos:
We have to entertain at least the possibility that this was an invented detail to deflect culpability.

If the detail (that he heard the broadcast about the robbery) was indeed invented, it was invented within the first 24 hours. But I'll give you that possibility.
My "certain" did not allow for the possibility of a police fraud. I said so.
 
Posted by Ikkyu (# 15207) on :
 
quote:
Originally posted by Amanda B. Reckondwythe:
quote:
Originally posted by Mere Nick:
The cops WILL win a street confrontation.

Unless you're white and wealthy.
Or White wealthy and have lots of automatic weapons.

Bundy Ranch
 
Posted by Byron (# 15532) on :
 
quote:
Originally posted by Ikkyu:
Did you watch the video? You can call it a "tragic death". But it is still murder.
Pay particular attention to the lack of medical care after he was no longer "resisting arrest" as you insist in calling his actions. Nice way to blame the victim. At least you did not blame his death on his being overweight as the republican state representative did in the link I posted.

Watched it already, and I'm not apportioning blame, simply speaking practically.

Any premature death's tragic regardless of whether it's a crime. That decision's been made on behalf of the People by 23 New Yorkers. Like I said, I'm far from happy with how this played out, but as I've not got access to the evidence they did, I'm gonna accept their decision.
 
Posted by RuthW (# 13) on :
 
quote:
Originally posted by Eutychus:
hosting/
quote:
Originally posted by RuthW to orfeo:
Oh, and nice ad hominem attack on Croesus.

Accusing someone of an ad hominem attack appears in and of itself to be a form of ad hominem attack and is making the hosts' heads hurt.

Orfeo appears to have left the thread, but please, all of you, help maintain our high Purgatory standards by ensuring the light on this thread outweighs the heat, or visit Hell and enjoy the company of the hosts there. Thank you for your cooperation.

/hosting

My apologies.
 
Posted by Mere Nick (# 11827) on :
 
quote:
Originally posted by Amanda B. Reckondwythe:
quote:
Originally posted by Mere Nick:
The cops WILL win a street confrontation.

Unless you're white and wealthy.
If the cops wanted to take her down then they would take her down. If she resisted in the slightest and got clobbered, she would be charged with resisting arrest. It wouldn't be a national news story, though.
 
Posted by lilBuddha (# 14333) on :
 
Are you suggesting a rich, white woman is at equal peril from the police?
 
Posted by Doc Tor (# 9748) on :
 
quote:
Originally posted by Mere Nick:
quote:
Originally posted by Amanda B. Reckondwythe:
quote:
Originally posted by Mere Nick:
The cops WILL win a street confrontation.

Unless you're white and wealthy.
If the cops wanted to take her down then they would take her down. If she resisted in the slightest and got clobbered, she would be charged with resisting arrest. It wouldn't be a national news story, though.
The point is, they treated her intervention differently. Why would they do that?
 
Posted by Byron (# 15532) on :
 
The woman in the clip isn't being detained or arrested as Garner was. In the Staten Island video, the person filming is asked to step back, but allowed to continue. The only reason we have the film is 'cause the NYPD officers let it go on.
 
Posted by Porridge (# 15405) on :
 
quote:
Originally posted by Mere Nick:
quote:
Originally posted by Amanda B. Reckondwythe:
quote:
Originally posted by Mere Nick:
The cops WILL win a street confrontation.

Unless you're white and wealthy.
If the cops wanted to take her down then they would take her down. If she resisted in the slightest and got clobbered, she would be charged with resisting arrest. It wouldn't be a national news story, though.
It most certainly WOULD. She and her high-priced legal representative would make it one so fast that the heads not rolling afterward would be spinning.

While I’m at it, here are two posters whose spirituality, whether or not I agree with or share that, I at least regard as being sincere, and whose posts I usually read (when I can understand them, and I’m looking at you, Martin) with respect.

quote:
Originally posted by Martin60:
We are the system.

Martin, may I just ask what prompted this remark? Seriously, do you imagine for one instant that any US citizen, black, white or magenta, posting on this thread labors away in utter ignorance of his or her own personal culpability in participating in, supporting, and perpetuating the monolithic colossus which is institutional racism in this country? Do you really think this little wisp of information somehow escaped the notice of your US shipmates? Because frankly, I’m at a loss to understand how this remark is supposed to contribute meaningfully to this thread. If it’s actually something more than the usual Christian discussion-stopper of the mournfully-intoned, “Well, we live in a broken world,” followed by a sad shrug and a change of subject, I’d welcome your explanation.

quote:
Originally posted by lilBuddha:
I'm weary of this thread. ... Fuck the system.

As for lilBuddha, you did come back to this thread after posting yours, so I’ll just content myself with pointing out that some of us do have the luxury of wearying of these grim truths, and of being free, from time to time, to casually suggest that the whole dismal ugly mess go fuck itself. Of course, few of the people whose fates we’ve been discussing have either luxury or freedom.

What do we do about it?
 
Posted by saysay (# 6645) on :
 
quote:
Originally posted by Byron:
Actually doing it is a spectacularly bad idea, as Garner's tragic death shows. Fight charges in court, not the street. If he'd surrendered peacefully, he'd have been taken to central booking, arraigned, and out in around 24 hours, or earlier if they'd given him a desk ticket.

It's just not worth it.

Spoken like a person who does not live in a neighborhood where a willingness to occasionally physically defend yourself is a requirement, a person who does not get harassed by the police on a regular basis, a person who does not understand that sometimes when you're having a crappy day and people are putting their hands on you without your permission, you are not capable of a perfectly logical reaction that rationally weighs the costs and benefits. Particularly since in a lot of places they charge you so much for getting arrested (much less the associated costs of bail or bond and lawyers etc.) and you've frequently lost your job by the time you get out, etc. etc.

But, right, just put up with the harassment and work it out in a court of law (or more likely a plea bargain). Because it's not like prosecutors don't have an
insane amount of control over the narrative.

I'm starting to think that this guy is right. The system works exactly the way people with power intend it to.
 
Posted by Byron (# 15532) on :
 
Saysay, are you trying to argue that it's wise to resist arrest?

If not, we don't even disagree. However understandable or justifiable, resisting arrest is dangerous in the extreme.

If you think it's wise, then yes, a person might succeed, escape, and stay on the lam until the clock runs down on the statute of limitations. The odds are, however, heavily against them, and the consequences of failure can be dire.
 
Posted by Ikkyu (# 15207) on :
 
quote:
Originally posted by Byron:
Saysay, are you trying to argue that it's wise to resist arrest?

If not, we don't even disagree. However understandable or justifiable, resisting arrest is dangerous in the extreme.

If you think it's wise, then yes, a person might succeed, escape, and stay on the lam until the clock runs down on the statute of limitations. The odds are, however, heavily against them, and the consequences of failure can be dire.

Blaming the victim again.
 
Posted by Ikkyu (# 15207) on :
 
Or put in a different way. The failure lies in those people who fail to bow down to police orders immediately no matter how pointless and arbitrary.
Or risk paying with their lives.
But police are allowed to over react in non life threatening situations with deadly force without any consequences. Or next you are going to tell me that 6 policemen were threatened by 1 unarmed man.

[ 05. December 2014, 23:12: Message edited by: Ikkyu ]
 
Posted by Byron (# 15532) on :
 
Ikkyu, once again, I'm speaking in practical terms only, not assigning blame. It's not about what should be, but what is. Resisting arrest is dangerous. Police are trained to control the scene and subdue prisoners by force if need be. If it takes six officers, then six officers will jump on you.

You clearly believe the current system needs to change. OK. How should laws around arrest and force be modified? How should police training be changed?

Personally, I'd like to see more emphasis on persuading uncooperative but nonviolent suspects to comply, and much tighter rules on dangerous techniques. Outside life of death struggles, chokeholds should be banned.
 
Posted by saysay (# 6645) on :
 
quote:
Originally posted by Byron:
Saysay, are you trying to argue that it's wise to resist arrest?

You're a lawyer, aren't you? Because it takes some skill to twist another person's words that thoroughly.

I think it's possible that you think the system works because you profit from it at others' expense.

quote:
Outside life of death struggles, chokeholds should be banned.
They already are where Garner lives. Didn't save his life.
 
Posted by Byron (# 15532) on :
 
Saysay, I'm not attempting to twist anything. Porridge asked about resisting arrest, I replied that, while it's technically legal in some states, it's never a good idea. However much I do, or don't, empathize with people in Garner's situation, it won't change that fact.

Garner had been arrested dozens of times, and was out on bail for another crime when he died. He knew the system, and knew that, on such a pissant misdemeanor charge, he'd be back out again in a few hours. If you agree surrendering peacefully would be a better choice, I don't even see how we disagree.

As for the chokehold, yes, the NYPD ban them internally, but more could be put into law, and internal policies beefed up.
 
Posted by Barnabas62 (# 9110) on :
 
What would happen if the grand jury system was replaced in practice by a preliminary adversarial hearing before a trial court judge to determine probable cause? And such hearings were required to take place in public?

My belief is that the constitutional position is that all states have to have grand jury systems, but in practice a significant proportion of the states never actually use them, preferring preliminary hearings. Is that the case? If so, in practice, the USA may be half way there.

But whatever form this preliminary consideration takes, I think you'd be a lot better off if the hearings took place in public. Justice doesn't get seen to be done without that.

The ancient "Caesar's wife" principle, that someone who has devolved power must not only act with probity but be seen to act with probity, doesn't get honoured by the system as it stands. When it comes to any enquiries, but particularly those into the behaviour of people with devolved power, it is the secrecy of the system that is its greatest enemy. It leaves far too much room for suspicion of manipulation behind closed doors.

I was horrified by the NYC chokehold video and can't see how it didn't represent probable cause, even if there were pre-existing medical issues. But it's that phrase "can't see" that is the problem. Constitutionally, you are not entitled to see what has gone on.


I'm not saying opening the doors and windows, or using preliminary hearings before a judge, would resolve everything. But it might be a way forward if some measure of cross party agreement could be reached.

It sure looks like the system needs fixing if the U.S. is to avoid serious internal unrest. The stats tell me that there is at least a death a day committed by the police in the execution of their duties. Some proportion of them are bound to be controversial. In the current and foreseeable future climate, "behind closed doors" isn't going to cut it.
 
Posted by saysay (# 6645) on :
 
quote:
Originally posted by Byron:
Garner had been arrested dozens of times, and was out on bail for another crime when he died. He knew the system, and knew that, on such a pissant misdemeanor charge, he'd be back out again in a few hours. If you agree surrendering peacefully would be a better choice, I don't even see how we disagree.

Really, you're confident that Garner knew the system because he'd been arrested dozens of times? When part of the entire point of the system is to make sure that those being arrested don't understand the procedures that are now ruling and ruining their lives because then they wouldn't be dependent on the wealthy for food and shelter?

I'll tell you what Garner knew about the system. Garner knew that some people with power had taken a dislike to him and declared his body and life forfeit.

But anyone who objects is just stupid and doesn't understand the way the law and the criminal justice system work.
 
Posted by Byron (# 15532) on :
 
States are free to abolish grand juries entirely (some, like Pennsylvania, have done so, apart from investigative purposes). The grand jury provision in the Fifth Amendment has never been applied to the states via the Fourteenth Amendment.

Adversarial hearings have pros and cons, discussed in my earlier link. Personally, I think the grand jury should be kept, as it serves a unique function. An adversarial hearing just replicates the trial. In addition to a check on a prosecutor's power, a grand jury provides an inquisitional forum, for which its secrecy is essential. Prosecutors can gather info, test witnesses, and protect vulnerable witnesses by hiding their identity from the target.

Every other country (including England, which invented them) has abolished grand juries, but that has more to do with cost cutting and making adversarialism a dogma than their merits.
 
Posted by cliffdweller (# 13338) on :
 
quote:
Originally posted by Byron:

Garner had been arrested dozens of times, and was out on bail for another crime when he died. He knew the system, and knew that, on such a pissant misdemeanor charge, he'd be back out again in a few hours. If you agree surrendering peacefully would be a better choice, I don't even see how we disagree.

But (and not saying you're arguing with me here, just for clarity)-- to say something was a foolish choice is not the same as saying it should have been a fatal. There are consequences for our foolish choices, but they shouldn't ordinarily be deadly consequences. The fact that Garner was saying "I can't breathe" should have alerted the officer to the problem.
 
Posted by Byron (# 15532) on :
 
quote:
Originally posted by saysay:
Really, you're confident that Garner knew the system because he'd been arrested dozens of times? When part of the entire point of the system is to make sure that those being arrested don't understand the procedures that are now ruling and ruining their lives because then they wouldn't be dependent on the wealthy for food and shelter?

I'll tell you what Garner knew about the system. Garner knew that some people with power had taken a dislike to him and declared his body and life forfeit.

But anyone who objects is just stupid and doesn't understand the way the law and the criminal justice system work.

"His body and life forfeit"? It was an A misdemeanor. He'd either get low bail, or RoR, and if convicted, at most would've faced a fine or a few months in Rikers or the Tombs. OK, we all know that Rikers is a violent shithole, but it's not usually fatal.

He didn't keep getting arrested because the authorities had it in for him: he kept getting arrested 'cause he kept committing petty crimes. I don't hesitate to say that the chokehold was wrong, and the system often oppressive and unjust, but did Garner have no agency at all?
 
Posted by Byron (# 15532) on :
 
quote:
Originally posted by cliffdweller:
But (and not saying you're arguing with me here, just for clarity)-- to say something was a foolish choice is not the same as saying it should have been a fatal. There are consequences for our foolish choices, but they shouldn't ordinarily be deadly consequences. The fact that Garner was saying "I can't breathe" should have alerted the officer to the problem.

Thanks for clarifying that, I couldn't agree more, which is why I've consistently said the chokehold was wrong. If I'd been on the panel, and gone on the publicly available evidence, I've have voted to indict for manslaughter. As there's a ton of evidence I haven't seen, I can't say for sure that they got it wrong with the extra info factored in.
 
Posted by Crœsos (# 238) on :
 
One of the things I've noticed about a lot of these videos is the way police seem to routinely yell "stop resisting", even at citizens who aren't resisting. I've even seen it in a video of a cop tazing an unconscious man. It seems to be part of their training now. I'm guessing the idea is that witnesses will repeat the statement when questioned, and folks like Byron will simply assume that whatever happened was justified.
 
Posted by Porridge (# 15405) on :
 
quote:
Originally posted by Byron:
Ikkyu, once again, I'm speaking in practical terms only, not assigning blame. It's not about what should be, but what is. Resisting arrest is dangerous. Police are trained to control the scene and subdue prisoners by force if need be. If it takes six officers, then six officers will jump on you.

You clearly believe the current system needs to change. OK. How should laws around arrest and force be modified? How should police training be changed?

Personally, I'd like to see more emphasis on persuading uncooperative but nonviolent suspects to comply, and much tighter rules on dangerous techniques. Outside life of death struggles, chokeholds should be banned.

I think what both saysay and Ikkyu are pointing out is that what is dangerous in vast swathes of the US is being a black male. He doesn't have to resist arrest to be in danger. Take another look at the Garner video. I admit to a hearing impairment, but where does a cop ever utter the word "arrest?" They're just hassling the guy, actually trying to provoke him into doing something they could legitimately arrest him for. Our perceptions may differ, but where, when, and how did Garner actually resist arrest, beyond protesting verbally about what was actually going on -- their hassling him? Did he try to run? Did he make a fist? Did he try to hit anybody? Did he even utter a verbal threat? After they put their hands on him, he made some random gestures -- with open palms.

Where and when, from the moment the police confronted Garner, did their control of the situation so much as slip a notch? Never, until they put their hands on him. And the control was a totally unnecessary chokehold. They were actually trying to get Garner to lose control (and were beginning to succeed), so they could justify any next steps they took.

As to "persuading" uncooperative suspects, is that really what we should all hope for -- rather than, say, justice and equality? I personally don't think I want to be subjected to any "persuading" by police officers who are intent on controlling me and/or making me lose control so they can arrest me for the crime of simply being who I am.
 
Posted by Byron (# 15532) on :
 
Crœsos, resistance isn't always obvious from videos. Prisoners can passively resist, by locking joints, pulling against the cuffs, or simply by going limp. Cops yell it 'cause they're trained to: the idea's to overwhelm the person being arrested. Like hooking up someone they've just shot, it can get absurd, but there is a sound reason for it.

As I hope I've illustrated above, I'm far from reflexively pro-LEO. I'd have no billed the Ferguson officer, and true billed the Staten Island officer. Each case on its merits.
 
Posted by Byron (# 15532) on :
 
Porridge, the clip opens with Garner protesting that they're arresting him: doing anything other than putting his hands behind his back is resisting arrest. He then says "Don't touch me" when the cops try to put his hands in cuffs.

I agree that the chokehold was wrong, and have said so repeatedly. But they had every right to arrest Garner. Selling untaxed smokes is a crime in New York. He wasn't arrested for being who he was, nor did they need to provoke him. They had probable cause already.

Yes, the laws around seizure are harsh, but they have to be. They're designed to take into custody everyone from a gangbanger blasting away at police to someone fleeing a robbery. There's ways to make them better. I suggested some changes: what, specifically, do you want changed?
 
Posted by no prophet's flag is set so... (# 15560) on :
 
Are these white police given racism education. Margaret Mead, the anthropologist discussed the origins of it in 1969, so it ain't new ideas:
quote:
http://feedproxy.google.com/~r/brainpickings/rss/~3/rOzfCqVWxMc/

Children’s initial response to the strange often is one of fear. A brown-skinned child, seeing a white person for the first time, may scream with fear. A white-skinned child, seeing a dark person for the first time, may also. If the screaming, fearful child is comforted, reassured and given a chance to learn to know and trust the stranger, he will have one kind of response - one of trust and expectation of friendship. But if his fear is unassuaged or is reinforced by the attitude of the older children and adults around him, he may come to hate what he has feared.

This is why it is so important in a multiracial world and a multiracial society like ours that children have many experiences with individuals of races different from their own. Only in this way can we hope surely to dispel their early fear of the strange and enable them to distinguish among individuals, caring for some and disliking others, not because they belong to a category of loved or hated people, but because of their own personality, as individuals.


 
Posted by Porridge (# 15405) on :
 
quote:
Originally posted by Byron:
Porridge, the clip opens with Garner protesting that they're arresting him: doing anything other than putting his hands behind his back is resisting arrest. He then says "Don't touch me" when the cops try to put his hands in cuffs.

I agree that the chokehold was wrong, and have said so repeatedly. But they had every right to arrest Garner. Selling untaxed smokes is a crime in New York. He wasn't arrested for being who he was, nor did they need to provoke him. They had probable cause already.

Yes, the laws around seizure are harsh, but they have to be. They're designed to take into custody everyone from a gangbanger blasting away at police to someone fleeing a robbery. There's ways to make them better. I suggested some changes: what, specifically, do you want changed?

We must be listening to and looking at different videos. Again, I have a hearing impairment and never heard the word "arrest." You claim Garner said they were arresting him. Isn't saying "you're under arrest" a responsibility of the police rather than the suspect?

I find it interesting that you believe Garner is telling the truth about the cops' intentions, given that you apparently regard Garner's statement about breaking up a fight and minding his own business as unworthy of mention. What if he was telling the truth at that point, too?

And nowhere do I see any evidence on the video that Garner was selling loosies. Did he claim he was?

It seems to me that if the cops were serious about this charge, here's what they'd have done:

They'd have told Garner to turn around, put his hands on the wall, and they'd have patted him down. They'd have found his opened pack of cigarettes -- or maybe merely his wallet -- in his left pants pocket. If they found ciggies, maybe they'd arrest him, though carrying an open pack of cigarettes is not illegal even in Staten Island, AFAIK.

If they found a wallet, they'd let him go, or so we hope.

In either case, he'd likely have survived the encounter.
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by Byron:
Crœsos, resistance isn't always obvious from videos. Prisoners can passively resist, by locking joints, pulling against the cuffs, or simply by going limp.

Doesn't this render your advice not to resist arrest rather pointless? After all, if police can simply claim after the fact "the suspect was resisting in a manner imperceptible to any outsider, but I could tell he was resisting", doesn't that effectively give them carte blanche to justify any level of brutality they want to dish out?
 
Posted by Golden Key (# 1468) on :
 
Byron--

A question, if I may: are you an American? And/or in America?

You *don't* have to answer that. But, given the e-mail address you have publicly listed in your public profile, I'm thinking you may not be.

The only reason I ask is that experience with a country makes a huge difference in understanding what goes on there.

Thanks.
 
Posted by W Hyatt (# 14250) on :
 
quote:
Originally posted by Crœsos:
Chief Jackson also has an interest in painting his department in the best possible light and, not to put too fine a point on it, seems to preside over a police department that specializes in running up fines on spurious or fraudulent charges against black citizens.

Wow - I find that story shocking and horrifying, like a return to the Middle Ages.

quote:
…Despite Ferguson’s relative poverty, fines and court fees comprise the second largest source of revenue for the city, a total of $2,635,400. In 2013, the Ferguson Municipal Court disposed of 24,532 warrants and 12,018 cases, or about 3 warrants and 1.5 cases per household.
... and, the article notes, that comes to $321 in fines and fees per household. And a speeding ticket that leads to an unpaid court fee can easily end up causing someone to spend as much as three weeks in jail waiting to see a judge since the court might open only once per month.

I'd like to think it couldn't be true, but I know better than that.
 
Posted by Beeswax Altar (# 11644) on :
 
quote:
Originally posted by Golden Key:
Byron--

A question, if I may: are you an American? And/or in America?

You *don't* have to answer that. But, given the e-mail address you have publicly listed in your public profile, I'm thinking you may not be.

The only reason I ask is that experience with a country makes a huge difference in understanding what goes on there.

Thanks.

What's Byron saying that millions of Americans aren't saying?
 
Posted by mousethief (# 953) on :
 
quote:
Originally posted by Crœsos:
quote:
Originally posted by Byron:
Crœsos, resistance isn't always obvious from videos. Prisoners can passively resist, by locking joints, pulling against the cuffs, or simply by going limp.

Doesn't this render your advice not to resist arrest rather pointless? After all, if police can simply claim after the fact "the suspect was resisting in a manner imperceptible to any outsider, but I could tell he was resisting", doesn't that effectively give them carte blanche to justify any level of brutality they want to dish out?
I'd be interested to hear the response to this also.
 
Posted by Porridge (# 15405) on :
 
You know, it's only just occurred to me to wonder about those "untaxed cigarettes" that Garner is alleged to have been selling.

I'm not a smoker, and I don't live in New York. I have, however, stood in line behind people buying cigarettes in stores in my own state. People plunk down the equivalent of my weekly food budget for 2 or 3 cartons of smokes. How much of this is tax, and how much is basic price, I don't know, but clearly, once purchased, a tax has been paid on the cigarettes.

So -- assuming Garner may in fact have been selling single butts -- the only way they could be "untaxed" is if he had stolen rather than purchased the smokes in the first place.

Am I understanding this correctly? Is the State of New York entitling itself to collect a second tax on the private sale of a consumable (but yet-to-be-consumed) item which has already been taxed with the completion of its original sale?

And the state loses so much revenue from people attempting to evade this second "tax" that it's worth risking wrongful death lawsuits to enforce it?

Wow. I guess I should have run for office again after all.
 
Posted by Palimpsest (# 16772) on :
 
The tax on a pack of cigarettes in New York is $4.35.
This has led to people smuggling in truck loads of cigarettes from Virginia where the tax is .30 a pack.

It is likely he was selling smuggled cigarettes which are readily available in New York. Still not appropriate to kill him for that.
 
Posted by Palimpsest (# 16772) on :
 
A correction.New York State imposes an excise tax on cigarettes at the rate of $4.35 per package of twenty cigarettes. New York City imposes a local excise tax at the rate of $1.50 per package of twenty cigarettes, bringing the combined tax rate in New York City to $5.85.
 
Posted by no prophet's flag is set so... (# 15560) on :
 
quote:
Originally posted by Palimpsest:
The tax on a pack of cigarettes in New York is $4.35.
This has led to people smuggling in truck loads of cigarettes from Virginia where the tax is .30 a pack.

It is likely he was selling smuggled cigarettes which are readily available in New York. Still not appropriate to kill him for that.

Can we send some cops around to visit some bank execs?
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by Porridge:

quote:
Originally posted by lilBuddha:
I'm weary of this thread. ... Fuck the system.

As for lilBuddha, you did come back to this thread after posting yours, so I’ll just content myself with pointing out that some of us do have the luxury of wearying of these grim truths, and of being free, from time to time, to casually suggest that the whole dismal ugly mess go fuck itself. Of course, few of the people whose fates we’ve been discussing have either luxury or freedom.

What do we do about it?

The statement you quote was one of anger and frustration.
What needs to be done?
!st, accountability in the legal system. It doesn't exist at the level it should. Whilst America seems the most fucked up child, the parent system is one which polices itself. And this cannot stand. We need to find ways to make the system more accountable to us.
To paraphrase Chris Rock, White people need to change. Yes, progress has been made, but the task is not ended.
 
Posted by Mere Nick (# 11827) on :
 
quote:
Originally posted by Doc Tor:
quote:
Originally posted by Mere Nick:
quote:
Originally posted by Amanda B. Reckondwythe:
quote:
Originally posted by Mere Nick:
The cops WILL win a street confrontation.

Unless you're white and wealthy.
If the cops wanted to take her down then they would take her down. If she resisted in the slightest and got clobbered, she would be charged with resisting arrest. It wouldn't be a national news story, though.
The point is, they treated her intervention differently. Why would they do that?
If she had tried to grab a cop's gun like Brown did I wouldn't be surprised if she was aired out.
 
Posted by Porridge (# 15405) on :
 
Yet the difference starts with the cop not getting his gun our to train on her.

[ 06. December 2014, 03:51: Message edited by: Porridge ]
 
Posted by Rossweisse (# 2349) on :
 
It is different for blacks and whites. It is especially different for young black men.

I once lived in Arlington Heights, Illinois, a northwest suburb of Chicago. When I was in my early 20s, still living at home, I sang at Lyric Opera of Chicago. After a late performance - and changing out of my wig and costume, and cleaning up - and driving 40 minutes to get home, it would be 12 or 12:30 or later before I approached my neighborhood.

Arlington Heights had a curfew for those 17 and under. I looked really, really young; to a cop trying to make his quota, I looked like fresh meat. The speed limit on the street they liked to haunt was 20; I did 19. My car was always clean and in good shape. I was perfectly innocent (in terms of my driving, at least).

They stopped me anyway, night after night. I called and complained, and was told, "You must have one of those nice young faces."

So I do have a sense of what it is to be a target. The difference is that I was simply inconvenienced and aggravated; I never feared for my life. Black men, particularly young black men, do fear - with good reason.

We have to fix this.
 
Posted by Mere Nick (# 11827) on :
 
quote:
Originally posted by Rossweisse:
It is different for blacks and whites. It is especially different for young black men.

Yes, it is. While more whites than blacks are killed by police, it is disproportionate. I'd suspect folks at the lowest end of the totem pole, regardless of color, are shot by an even more disproportionate rate.
 
Posted by Byron (# 15532) on :
 
Porridge, the vid begins some way into the altercation, and they're clearly trying to arrest Garner (keeping him penned in; he mentions the charge; an officer goes to cuff him). Its merits are irrelevant, that's something you fight in court.

Crœsos, that reads like a total non sequitur: if the cops are intent on beating on you, they'll beat on you, resistance or not. Resisting certainly makes a beatdown more likely. I wasn't talking about self-defense against police brutality, but submitting to a legal arrest.

Is anyone here seriously advising people to fight back if LEOs try to hook em up? If so, I just hope to God that no one follows it. If no one is making that argument, I don't think we even disagree.
 
Posted by Golden Key (# 1468) on :
 
quote:
Originally posted by Beeswax Altar:
quote:
Originally posted by Golden Key:
Byron--

A question, if I may: are you an American? And/or in America?

You *don't* have to answer that. But, given the e-mail address you have publicly listed in your public profile, I'm thinking you may not be.

The only reason I ask is that experience with a country makes a huge difference in understanding what goes on there.

Thanks.

What's Byron saying that millions of Americans aren't saying?
I asked because his arguments are (IMHO) especially unbending, and seem to be "what should be" disguised as "what is". IME on this thread and past discussions here and in hell, when a conversation is about something bad in the US, that sort of argument tends to be made by non-Americans.

And people--especially Americans--wind up
[brick wall] for many pages, because they can't get the poster to acknowledge there might be more to the situation.

ISTM that's going on in interactions with Byron. So I thought that asking might shed some light.

That's it.
[Angel]
 
Posted by Byron (# 15532) on :
 
I just don't get where this notion of starry-eyed idealism comes from: my posts couldn't be more brutally pragmatic if I tried.

Cops are trained to use violence to arrest people. They're good at it, and usually succeed. If you fight a cop, you'll get a beating, and a stack of extra charges, possibly much worse than the ones you faced originally. Unless there's a warrant out on you for something bad, in raw cost-benefit terms, resisting arrest is lose-lose.

The idealistic answer would be to recommend you get into a brawl with police if you believe you're being unlawfully arrested (in the few states that haven't abolished that defense, presumably). People are of course free to do that. I really hope they don't, but their call. Can but hope they survive it, 'cause that's far from guaranteed.
 
Posted by Beeswax Altar (# 11644) on :
 
quote:
Originally posted by no prophet's flag is set so...:
quote:
Originally posted by Palimpsest:
The tax on a pack of cigarettes in New York is $4.35.
This has led to people smuggling in truck loads of cigarettes from Virginia where the tax is .30 a pack.

It is likely he was selling smuggled cigarettes which are readily available in New York. Still not appropriate to kill him for that.

Can we send some cops around to visit some bank execs?
Bank execs didn't create a market for bootleg cigarettes in New York City.
 
Posted by Moo (# 107) on :
 
quote:
Originally posted by Barnabas62:
But whatever form this preliminary consideration takes, I think you'd be a lot better off if the hearings took place in public. Justice doesn't get seen to be done without that.

The advantage of using a grand jury is that witnesses can testify without worrying about retaliation. Some of the witnesses whose testimony supported Wilson were black. At least one of them went to the police shortly after stories began to circulate that Brown had been shot in the back while running away. Wilson's side of the story had not been released.

This witness said he saw Brown with most of his upper body inside the police car. He was moving his arm in a way that suggested he was hitting Wilson. He then saw Brown walk away from the police car. When Wilson got out of the car, Brown turned around, and charged toward Wilson.

This witness and other black witnesses might have been given a very hard time by some of the local hotheads.

Moo
 
Posted by Barnabas62 (# 9110) on :
 
Moo

I appreciate that, but intimidation is a knife which has two edges. And it is not an argument used to encourage secrecy at a full adversarial trial. Open systems have the cost of witness protection. Closed systems have the cost of fostering damaging suspicion.

What you've got is a half-open system. That may have some advantages, I suppose, but are they sufficient to restore and maintain public confidence in the fairness of the processes? I guess that's the question the U.S. is facing.

I understand that there is a federal investigation into the NYC chokehold case and I don't think there has yet been an announcement about the two federal investigations re Ferguson. The video in the NYC case may provide sufficient evidence of at least probable cause re Civil Rights violations and I'm guessing there is a lot of pressure to at least go that far. But I think Beeswax Altar is probably right re further Federal action against ex-officer Wilson. There isn't anything in that case that looks as much like a 'smoking gun' as that video. Unfortunate metaphor, but you probably get my meaning.
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by Mere Nick:
quote:
Originally posted by Rossweisse:
It is different for blacks and whites. It is especially different for young black men.

Yes, it is. While more whites than blacks are killed by police, it is disproportionate. I'd suspect folks at the lowest end of the totem pole, regardless of color, are shot by an even more disproportionate rate.
Across the board, at every economic level, black people are treated worse by law enforcement.
 
Posted by Porridge (# 15405) on :
 
quote:
Originally posted by Byron:
I just don't get where this notion of starry-eyed idealism comes from: my posts couldn't be more brutally pragmatic if I tried.

Cops are trained to use violence to arrest people. They're good at it, and usually succeed. If you fight a cop, you'll get a beating, and a stack of extra charges, possibly much worse than the ones you faced originally. Unless there's a warrant out on you for something bad, in raw cost-benefit terms, resisting arrest is lose-lose.

The idealistic answer would be to recommend you get into a brawl with police if you believe you're being unlawfully arrested (in the few states that haven't abolished that defense, presumably). People are of course free to do that. I really hope they don't, but their call. Can but hope they survive it, 'cause that's far from guaranteed.

Byron: I don't hear well, but I can read. I haven't understood a single poster here to encourage resisting arrest. I think we all agree that is, as you put it earlier, a spectacularly bad idea.

What I, at least, am wishing for from you is some acknowledgment that police / black citizen problems begin well in advance of any individual arrests.

Black men are targeted, scrutinized, and stopped all the time for no good reason. Links on this thread show videos or relate accounts of the following:

1. A young black man walking to a friend's house gets stopped by an officer. Pedestrian asks why. Officer says it's because he has his hands in his pockets. (It's cold enough to snow on this occasion, and it's not illegal to walk with one's hands in one's pockets.)

2. A pair of tourists (black driver, white passenger) tries to drive the celebrity route in Beverly Hills. They're pulled over by an officer. They're doing nothing out of the ordinary or even faintly illegal. The pull-over ends only when the officer notices the white passenger; then he lets them go.

3. An older black man walking on the sidewalk gets ordered to the ground by an officer. The officer summons backup, and another officer arrives by car. Why was this pedestrian stopped? A robbery had taken place several blocks away. Why was he walking through this neighborhood? He apparently does odd jobs there. Is there the slightest reason to suppose this pedestrian had just burglarized a home? Is his being black and male all we need to label him suspect?

We have names for these "crimes" over here: These people were Walking (or Driving or Shopping or Breathing) While Black. Being black and male is apparently sufficient reason, all by itself, to be detained and questioned by police, and it happens constantly.

I understand this may sound like a mere inconvenience, and nothing to get worked up about. But imagine yourself being followed by store security every time you go into a store. Imagine getting stopped and made late to work several times a week because your route takes you through a neighborhood of palefaces. Or imagine getting detained, as one Harvard professor was, on returning to his home and finding he'd misplaced his key and trying, as anyone might do, to enter through one of his own windows.

You don't have to be a Harvard professor to put two and two together and grasp that, in real and practical terms, you are being viewed and treated as an alien threat, a non-citizen, non-human resident of your neighborhood, town/city, state, and country.
 
Posted by Porridge (# 15405) on :
 
CORRECTION: the 2009 arrest of Prof. Gates was due to his trying, with the help of his driver, to force his jammed front door open; he was not trying to enter through a window.
 
Posted by no prophet's flag is set so... (# 15560) on :
 
quote:
Originally posted by Beeswax Altar:
quote:
Originally posted by no prophet's flag is set so...:
quote:
Originally posted by Palimpsest:
The tax on a pack of cigarettes in New York is $4.35.
This has led to people smuggling in truck loads of cigarettes from Virginia where the tax is .30 a pack.

It is likely he was selling smuggled cigarettes which are readily available in New York. Still not appropriate to kill him for that.

Can we send some cops around to visit some bank execs?
Bank execs didn't create a market for bootleg cigarettes in New York City.
You miss the point entirely. Deliberately? Recall the subprime scandal? Which has done more economic damage?
 
Posted by Pooks (# 11425) on :
 
Porridge, first of all, I would like to thank you for your posts on this thread explaining the problems that Afro-Americans face in many of the communities in the US today with such patience and care. It is much appreciated.

I would like to add a link and see what you and other Shipmates make of it. The reason I want to show this link is because I think it's the flip side of the same coin. If professor Thomas Nolan is right, then he has fingered other contributing factors to the policing problem in the US today. It is a separate problem from racism, but it's one that made the racial tension worse in my opinion.
 
Posted by Ikkyu (# 15207) on :
 
quote:
Originally posted by Byron:
I just don't get where this notion of starry-eyed idealism comes from: my posts couldn't be more brutally pragmatic if I tried.

Cops are trained to use violence to arrest people. They're good at it, and usually succeed. If you fight a cop, you'll get a beating, and a stack of extra charges, possibly much worse than the ones you faced originally. Unless there's a warrant out on you for something bad, in raw cost-benefit terms, resisting arrest is lose-lose.

The idealistic answer would be to recommend you get into a brawl with police if you believe you're being unlawfully arrested (in the few states that haven't abolished that defense, presumably). People are of course free to do that. I really hope they don't, but their call. Can but hope they survive it, 'cause that's far from guaranteed.

You keep repeating the point that resisting arrest is the problem here. This is what I meant by blaming the victim. If we were discussing what advice to give to the victim that might have helped. Not resisting arrest would not be it because he did not do that. The problem is that the only thing that would have helped him is not being black.

And you keep saying that you don't like the ILLEGAL choke hold. But you stillagree with the grand Jury decision ? They killed a non resisting man by an illegal procedure and you give them the benefit of the doubt because of some mysterious exculpatory evidence nobody has seen.
It seems that for you police should never be charged because they ALWAYS must have a good reason. And they don't even have to make that reason public.
 
Posted by no prophet's flag is set so... (# 15560) on :
 
When police become "other".
When the society is structured into an "us" and a "them". This is the root. Has America comes to grip with it's racist past? It doesn't look like it.

Recent research (this month) indicates that the KKK's legacy still influences southern USA states' voting patterns: "...racial conflict can have wide-ranging effects that resonate across generations in ways that today's voters might not easily or directly recognize."

quote:
The researchers studied county voting records in 10 southern states in which the KKK actively recruited members in the 1960s. The analysis of five presidential voting outcomes, between 1960 and 2000, showed that southern counties with KKK activity in the 1960s had a statistically significant increase in Republican voting compared to counties with no established KKK chapter, even after controlling for a range of factors commonly understood as relating to voting preferences.

 
Posted by W Hyatt (# 14250) on :
 
quote:
Originally posted by Pooks:
I would like to add a link and see what you and other Shipmates make of it. The reason I want to show this link is because I think it's the flip side of the same coin. If professor Thomas Nolan is right, then he has fingered other contributing factors to the policing problem in the US today. It is a separate problem from racism, but it's one that made the racial tension worse in my opinion.

It's easy enough for me to believe it, although I also suspect that there is an element of municipal police becoming agents of a quota-based tax collection scheme to some degree (see Crœsos' link from above). I know that I am one of the last people in this country who should be afraid of the police, but even I am starting to feel that fear and I know that poor, black, urban residents are at the other end of the spectrum and have always had every reason to fear the police.

I was surprised that even the author, who used to be a police officer, says that "officers make him feel unsafe when he walks around his own diverse neighborhood in Boston."
 
Posted by Porridge (# 15405) on :
 
quote:
Originally posted by Pooks:
Porridge, first of all, I would like to thank you for your posts on this thread explaining the problems that Afro-Americans face in many of the communities in the US today with such patience and care. It is much appreciated.

I would like to add a link and see what you and other Shipmates make of it. The reason I want to show this link is because I think it's the flip side of the same coin. If professor Thomas Nolan is right, then he has fingered other contributing factors to the policing problem in the US today. It is a separate problem from racism, but it's one that made the racial tension worse in my opinion.

Thanks for that link, Pooks. The crime of Driving While Black (and its mates) predates this militarization and suspension of civil liberties by decades, but I think Prof. Nolan is on to something. All US citizens, regardless of color, are now living in a country that feels rather more like a police state than I personally am comfortable with. Before anybody challenges me, let me just add that I put one of these bumper stickers on my car not long after 9/11. I lost count of the number of times I got stopped by police for months afterward, always allegedly for a taillight that was out. It still happens once in a while.

I always check when I get home: my taillights are always fine. I am a white woman, though; no guns have been drawn on me. Yet.
 
Posted by Soror Magna (# 9881) on :
 
quote:
Originally posted by Crœsos:
.... After all, if police can simply claim after the fact "the suspect was resisting in a manner imperceptible to any outsider, but I could tell he was resisting", doesn't that effectively give them carte blanche to justify any level of brutality they want to dish out?

"I feared for my life" works really well too --- apparently even police officers turn into complete 'fraidy cats when faced with the BIG SCARY BLACK MAN WITH SUPERHUMAN STRENGTH AND A VANISHING GUN (apparently every black man except Will Smith).

And I can't believe nobody has mentioned crimingwhilewhite# yet. Some of the white folks' stories would be hilarious if the reality for black Americans were not so serious.
 
Posted by saysay (# 6645) on :
 
quote:
Originally posted by W Hyatt:
I know that I am one of the last people in this country who should be afraid of the police, but even I am starting to feel that fear and I know that poor, black, urban residents are at the other end of the spectrum and have always had every reason to fear the police.

I was surprised that even the author, who used to be a police officer, says that "officers make him feel unsafe when he walks around his own diverse neighborhood in Boston."

The worst part is that it becomes a self-fulfilling prophecy. While I know that most police officers are decent human beings trying to do their jobs in a broken system, once you've had a couple encounters with the type who not only isn't trained to de-escalate conflicts but almost seem to be deliberately escalating them so they can make an arrest, you start to get nervous around police officers. That nervousness then becomes the probable cause for detaining you, because if you aren't doing anything illegal, why would you get nervous?

And a determined cop will always be able find a crime to arrest you for (even if they have to yell at you until you yell back). Which is why the lawyers at Know Your Rights and the ACLU recommend that you limit your interactions with cops to 'yes, sir', 'no, sir,' and 'am I being detained sir?'

I've met cops who seem to believe that a refusal to submit to a search is grounds to get a warrant for a search.
 
Posted by Porridge (# 15405) on :
 
quote:
Originally posted by saysay:
The worst part is that it becomes a self-fulfilling prophecy. While I know that most police officers are decent human beings trying to do their jobs in a broken system, once you've had a couple encounters with the type who not only isn't trained to de-escalate conflicts but almost seem to be deliberately escalating them so they can make an arrest, you start to get nervous around police officers. That nervousness then becomes the probable cause for detaining you, because if you aren't doing anything illegal, why would you get nervous?

And a determined cop will always be able find a crime to arrest you for (even if they have to yell at you until you yell back). Which is why the lawyers at Know Your Rights and the ACLU recommend that you limit your interactions with cops to 'yes, sir', 'no, sir,' and 'am I being detained sir?'

I've met cops who seem to believe that a refusal to submit to a search is grounds to get a warrant for a search.

This.
 
Posted by Kelly Alves (# 2522) on :
 
quote:
Originally posted by Soror Magna:
quote:
Originally posted by Crœsos:
.... After all, if police can simply claim after the fact "the suspect was resisting in a manner imperceptible to any outsider, but I could tell he was resisting", doesn't that effectively give them carte blanche to justify any level of brutality they want to dish out?

"I feared for my life" works really well too --- apparently even police officers turn into complete 'fraidy cats when faced with the BIG SCARY BLACK MAN WITH SUPERHUMAN STRENGTH AND A VANISHING GUN (apparently every black man except Will Smith).

And I can't believe nobody has mentioned crimingwhilewhite# yet. Some of the white folks' stories would be hilarious if the reality for black Americans were not so serious.

Wow, even Betty Bowers chimed in.

And yeah, the stories are pretty insane.
 
Posted by Golden Key (# 1468) on :
 
Some comments:

--Porridge wrote:
quote:
But it's worth noting that when one's adrenalin is asked to pump up as often as a police officer's is, it probably affects one's perceptions and judgment on a permanent basis.
From what I've heard in the news, over the years, that's a known problem--at least in the short term, like a high-speed chase. Here's an article from LawOfficer.com. It's written by a cop, about fighting his own "adrenaline beast".


--Re Garner resisting arrest: in that video, he specifically said "I'm not resisting, I'm not resisting". I thought I'd heard that, and was surprised no one seemed to mention it. But I poked around online, and there are many mentions of it.


--Re Dr. Gates' arrest for trying to break into his own house: FWIW, the woman who called that in was new in the neighborhood, and specifically said that he might live there. It was when the cop arrived that things got bad. In this particular case, it wasn't *simply* a matter of "you don't belong". As far as the caller knew, it could really have been a burglary. She got a lot of grief for calling it in at all.


--Byron: I never accused you of being "starry-eyed", and I certainly would never suggest someone resist arrest. However, many of your statements seem to rigidly dismiss what people are telling you about what actually happens.
 
Posted by Porridge (# 15405) on :
 
quote:
Originally posted by Golden Key:
--Re Dr. Gates' arrest for trying to break into his own house: FWIW, the woman who called that in was new in the neighborhood, and specifically said that he might live there. It was when the cop arrived that things got bad. In this particular case, it wasn't *simply* a matter of "you don't belong". As far as the caller knew, it could really have been a burglary. She got a lot of grief for calling it in at all.

However, as you note, it was when the police arrived that things went south. According to Gates's account (and I'm relying on memory here) either the officer refused to look at his identification, or refused to accept it as authentic. All the officer had to do was verify that Gates was in his own home. Or, for that matter, have seen him on TV; Gates has a regular program on PBS. It's not as though he's just another random black face.
 
Posted by Rossweisse (# 2349) on :
 
quote:
Originally posted by W Hyatt:
...I also suspect that there is an element of municipal police becoming agents of a quota-based tax collection scheme to some degree...

You suspect? I don't;the St. Louis Post-Dispatch has demonstrated pretty conclusively, in a number of articles over several years (and, of course, many more if them lately) that they are unambiguously "agents of a quota-based tax collection scheme." These crappy little towns, invented for the specific benefit of specific people, could not exist if they didn't essentially shake down their citizenry. It's time to clean up north St. Louis County.
 
Posted by Leorning Cniht (# 17564) on :
 
The police, in the course of carrying out their duties, have to encounter a significant number of extremely violent thugs. Most people would not like to ask a police officer to have his ass handed to him by a violent thug on a regular basis (and yes, those violent thugs will happily lie about not being able to breathe or whatever in order to get a break).

This desire to keep our police officers safe when dealing with violent thugs, however, seems to have turned into a police playbook that starts by assuming that everyone is a violent thug. Hence all the aggressive control strategies, the yellings and the takedowns. And yes, the shootings of people who are upset with the way they they are being treated, and happen to have saggy pants or a lumpy waistband.

Combine the "everyone's a thug" mindset with a bit of latent (or even patent) racism, and you get dead black man after dead black man.

The police need a different playbook - one that doesn't contain the dead bodies of obstreperous petty criminals.

[ 07. December 2014, 04:02: Message edited by: Leorning Cniht ]
 
Posted by Golden Key (# 1468) on :
 
And then there's "fun" with both the ATF and the Border Patrol. (Transcript of a "This American Life" episode, with a link to the audio. Listen to it, if you have a chance.)

As bad as the BP situation is, the ATF's (IMHO) criminal stupidity and malevolence infuriates me more. They've gotten into trouble for it, but not nearly enough. And the everyday people they used are still suffering.
 
Posted by Barnabas62 (# 9110) on :
 
Golden Key

Recognising that you started this thread and having no problems that it has morphed into a broader discussion, would you be happy for me to change the thread title to 'Ferguson and its implications". That would seem to cover the legal and social aspects and bring in other cases. Feel free to suggest an alternative or PM me. This is a massively important issue and it might help newcomers to have a broader title.
 
Posted by Ikkyu (# 15207) on :
 
quote:
Originally posted by Leorning Cniht:
The police, in the course of carrying out their duties, have to encounter a significant number of extremely violent thugs. Most people would not like to ask a police officer to have his ass handed to him by a violent thug on a regular basis (and yes, those violent thugs will happily lie about not being able to breathe or whatever in order to get a break).

This desire to keep our police officers safe when dealing with violent thugs, however, seems to have turned into a police playbook that starts by assuming that everyone is a violent thug. Hence all the aggressive control strategies, the yellings and the takedowns. And yes, the shootings of people who are upset with the way they they are being treated, and happen to have saggy pants or a lumpy waistband.

Combine the "everyone's a thug" mindset with a bit of latent (or even patent) racism, and you get dead black man after dead black man.

The police need a different playbook - one that doesn't contain the dead bodies of obstreperous petty criminals.

This sort of thinking is part of the problem.
Your "extremely violent thugs" are human beings.
If you put them in a separate category you dehumanize them and make it easier to kill them.
Police are not "having their asses handed to them in a regular basis" and then overreacting. The problem is the opposite they are killing civilians on a regular basis lots of them unarmed.
I particularly noticed the way you cleverly called the victim of the choke hold a violent lying thug.

What you just said amounts to having two sets of rules one for "violent thugs with saggy pants and lumpy waistbands" and another for more regular folk. But that is the situation we already find ourselves in.
 
Posted by Byron (# 15532) on :
 
quote:
Originally posted by Golden Key:
--Byron: I never accused you of being "starry-eyed", and I certainly would never suggest someone resist arrest. However, many of your statements seem to rigidly dismiss what people are telling you about what actually happens.

Which ones? I've said that if you resist arrest, it's likely to end badly. No one appears to dispute this.

quote:
Originally posted by Ikkyu:
You keep repeating the point that resisting arrest is the problem here. This is what I meant by blaming the victim. If we were discussing what advice to give to the victim that might have helped. Not resisting arrest would not be it because he did not do that. The problem is that the only thing that would have helped him is not being black.

He didn't put his hands behind his back and go with the NYPD, and shouted "don't touch me" when an officer tried to do it for him. By any reasonable measure (and NY law) that's resisting arrest.
quote:
And you keep saying that you don't like the ILLEGAL choke hold. But you stillagree with the grand Jury decision ? They killed a non resisting man by an illegal procedure and you give them the benefit of the doubt because of some mysterious exculpatory evidence nobody has seen.
I don't agree with the grand jury: from what I've seen, I think they've got it badly wrong. That just it tho: from what I've seen, which is a fraction of what they've seen and heard. Even a Monday morning quarterback needs to've watched the game.
quote:
It seems that for you police should never be charged because they ALWAYS must have a good reason. And they don't even have to make that reason public.
Wrong, if the investigation's done, I'd like to see the grand jury evidence made public: if it's continuing, I'd like to see a second grand jury as soon as possible.
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by Byron:
quote:
Originally posted by Golden Key:
--Byron: I never accused you of being "starry-eyed", and I certainly would never suggest someone resist arrest. However, many of your statements seem to rigidly dismiss what people are telling you about what actually happens.

Which ones? I've said that if you resist arrest, it's likely to end badly. No one appears to dispute this.
What your statements appear to be missing is proper attribution of fault, that resist arrest or no, the likelihood of violence by police is exponentially greater if you are black and that the police often deliberately ratchet up the tension to create a situation in which they can react aggressively.
quote:
Originally posted by Byron:

He didn't put his hands behind his back and go with the NYPD, and shouted "don't touch me" when an officer tried to do it for him. By any reasonable measure (and NY law) that's resisting arrest.

In no part did he threaten them. If, bound and determined to play tax collector they were, they should have grasped his wrists and attempted to place his hands behind his back. Instead, one officer placed Mr. Garner in a very illegal choke hold, laid him on the ground and knelt on his head whilst maintaining the choke hold even after half the NYPD had arrived to assist.

Your iron grip on "He should not have resisted" appears, to many of us, to ignore the main and many faults and culpability of the police in the first.

The basic fact of this is that, in order to assist in the collection of a few pence tax, the NYPD killed a man.
 
Posted by Soror Magna (# 9881) on :
 
quote:
Originally posted by Byron:
.... He didn't put his hands behind his back and go with the NYPD, and shouted "don't touch me" when an officer tried to do it for him. By any reasonable measure (and NY law) that's resisting arrest. ...

This is not aimed at Byron, but at the rules under which police operate. Apparently, the way it is supposed to work is that the officer(s) screams multiple orders at the citizen, and if the citizen does not immediately and silently submit, deadly force is authorized. Have I got that right? Anyone else think this is reasonable?

No, it's not reasonable, at least not as a first resort. It would never be considered reasonable in any other profession that has to deal with human beings, cooperative or otherwise.

In a democracy, we get to decide how we are policed. we have the right and the power to change police behaviour. These rules need to change for everyone's safety.
 
Posted by Amanda B. Reckondwythe (# 5521) on :
 
quote:
Originally posted by Soror Magna:
In a democracy, we get to decide how we are policed. we have the right and the power to change police behaviour. These rules need to change for everyone's safety.

Tell that to the idiots who consistently vote Republican, or to the worse idiots who never vote at all.
 
Posted by Leorning Cniht (# 17564) on :
 
quote:
Originally posted by Ikkyu:

I particularly noticed the way you cleverly called the victim of the choke hold a violent lying thug.

You seem to have read almost exactly the opposite of what I wrote. In no way did I call Eric Garner a lying violent thug - quite the opposite. I have seen no evidence that Mr. Garner was at all thuggish - he seems to have been a fairly ordinary man who was in poor health, and was a habitual petty criminal.

The problem that I was referring to was that way that police officers seem to habitually approach Mr. Garner and people like him as though they were violent thugs.

Because once you start with the assumption that Mr. Garner is a violent thug, everything he does is consistent with it. He can't tell you he's not being violent, or he can't breathe, because you assume he's lying.

But you're damned right I want different rules for different people. I want the police to be able to execute 5am no-knock warrants on a bunch of mafiosos, but I don't want them to throw flash-bangs in babies' cribs and pin whole families to the wall at gunpoint to arrest one guy.

As Soror Magna writes,
quote:

Apparently, the way it is supposed to work is that the officer(s) screams multiple orders at the citizen, and if the citizen does not immediately and silently submit, deadly force is authorized. Have I got that right? Anyone else think this is reasonable?

This is the "assume everyone's a violent thug" mentality in spades, and is precisely the thing that I find unreasonable.

In exceptional circumstances, it, just like the no-knock warrant, might be necessary. But not every day.

[ 07. December 2014, 19:25: Message edited by: Leorning Cniht ]
 
Posted by saysay (# 6645) on :
 
quote:
Originally posted by Leorning Cniht:
The police, in the course of carrying out their duties, have to encounter a significant number of extremely violent thugs. Most people would not like to ask a police officer to have his ass handed to him by a violent thug on a regular basis (and yes, those violent thugs will happily lie about not being able to breathe or whatever in order to get a break).

While I don't dispute that the police encounter a certain number of violent thugs, mostly they seem to deal with a lot of petty low level misdemeanor drug users.

IIRC, statistically speaking the most dangerous call for an officer to respond to is a domestic dispute.

And I think the overestimation of how often officers are engaging with people who are going to be violent towards them (given the inevitable beating and felony charge) isn't helping.

I've had some luck in persuading law enforcement that while they can escalate their aggression if the situation calls for it, they need to start their interactions with citizens less aggressively because in some cases they are provoking a particular response. Which is all well and good if you're looking for arrest statistics, but doesn't help if you'd actually like the police and citizens to have a good relationship.

quote:
Originally posted by Byron:
He didn't put his hands behind his back and go with the NYPD, and shouted "don't touch me" when an officer tried to do it for him. By any reasonable measure (and NY law) that's resisting arrest.

Every video I've seen has been edited. But I haven't seen one in which Eric is told to put his hands behind his back before the cop puts his hands on him. Around here that's a deliberate police tactic so they can rough up someone who has pissed them off (as is having two officers on the scene telling the suspect to do different things, so that no matter what you do, you're disobeying a police officer's lawful orders). Also, while I accept that things may be done differently in different jurisdictions, around here a person putting their hands behind their back is not usually the first step in an arrest, so please don't come back with that pathetic 'he's been arrested so many times he knew what to do' response.
 
Posted by Byron (# 15532) on :
 
Saysay, you're right, every video's been edited. In what we do see, Garner first protests (the cameraman says they're trying to lock him up), then an edit, and Garner struggles with two officers trying to cuff him, followed by the chokehold. In this specific instance, what he needed to do was plain: stop resisting and put his hands behind his back.

Soror Magna, no, using deadly force to seize a person isn't authorized, not unless the suspect poses a threat to officers or the public. The fleeing felon rule was abolished in the 80s, and even when it existed, it wouldn't apply to this case.

lilBuddha, no, I'm not blaming Garner for the chokehold. It's separate from his decision to resist, and it's wrong. I said (IMO), from what I've seen, a manslaughter indictment should've been handed down. That surely makes my position clear.
 
Posted by Golden Key (# 1468) on :
 
Byron--

As I said a little upthread, Garner *repeatedly* said, "I'm not resisting, I'm not resisting". That may be edited out of some cuts of the recording, but it's there. I googled "garner i'm not resisting" to make sure I hadn't misheard.
 
Posted by Barnabas62 (# 9110) on :
 
Golden Key has agreed by PM to the thread title change. The thread discussion has become much wider, which is fine, and it seems in keeping to recognise that.

B62 Purg Host
 
Posted by Barnabas62 (# 9110) on :
 
Posting again as a Shipmate.

I accept that the suspicions of both police brutality and a racist dimension to that are held by many reasonable people.

I also accept that legitimate concerns have been raised about the operations of the grand jury system and the extent to which it can be manipulated to indict, or not indict, a "ham sandwich". in practice, from this side of the pond, that does seem to me to put too much practical power in the hands of the prosecutor.

There seems to me to be something wrong about the use of the term "probable" cause, when I think what is really meant is "sufficient" cause. Without pre-judging guilt or innocence, is there sufficient evidence to support a trial?

I think the key issue in both Ferguson and NYC was whether the degree of force used by the police officer(s) was excessive or justified. Grand juries are supposed to represent "reasonable persons", who are there to test that question, to see whether sufficient evidence exists to go to trial. How were they helped to test that? That does seem to me a matter of proper public concern.

For all democratic societies there is an ongoing need for both a police service and a police service we can trust. Fixing the loss of trust is a pretty long term issue. Perhaps it is easier to consider how the judicial processes might be modified to avoid future concerns of prosecutorial "fixing" and the secrecy of grand jury processes?

Making grand jury processes more open, or abandoning them in favour of adversarial preliminary hearings before a trial judge, might go some way towards fixing these concerns; at least it would shine a light on what had influenced the decisons made, by either grand jury or trial judge.

What are the arguments against either course? I'm no expert in the US constitution or its legal system. These ideas come to me through a more general understanding of the need to have fair legal systems.
 
Posted by Porridge (# 15405) on :
 
I would add to Barnabas's list the following two items:

1. Cases of possible police misconduct / excessive force should not be investigated by police (especially not by the force to which the officer in question is assigned). This responsibility should be handed over to a separate, unaffiliated unit -- and that unit should be empowered to act immediately upon any firing of a service weapon by a police officer, or in any case of a civilian death or injury in a police / citizen encounter.

2. Whatever replaces (or continues to operate as) the current grand jury system should not only be open, but also (A) be representative of the local community where the incident took place;(B) be prosecuted by a special prosecutor not affiliated with the police force in question.

That said, the root problem here is racism, and not just on the part of (some) police. If you read, as I have unwisely done, some of the public commentary which attaches to US news stories about incidents like these, it's clear that too many citizens continue to believe the myth of white superiority. How people manage this in the face of stark proof of violent bigotry (surely not a characteristic of a superior human being, whatever that may be when it's at home in its slippers), I don't know. Our schools are now every bit as segregated as they ever were in the last century, and the mechanism by which this works is economic. Grade schools operate in and for local neighborhoods; neighborhoods are divided by housing costs; schools are apportioned unequal resources.

Maybe we need different kinds of zoning laws.

[ 08. December 2014, 13:20: Message edited by: Porridge ]
 
Posted by Barnabas62 (# 9110) on :
 
Adding that I've been pretty shocked by some of those comments myself. Also that racism does not exist only in majority communities. I learned from MLK that content of character trumps colour of skin.

I am sure it would cost, and it might provoke a state backlash, but is there any mileage in the concept of providing properly trained federal employees for special prosecutor or investigator tasks concerning possible police misconduct?

We've had questions in the UK about the wisdom of police investigating themselves. Even when done fairly, the question of 'seen to be fair' still remains.
 
Posted by Gwai (# 11076) on :
 
I talked yesterday with our deacon about this stuff. He is a man who does a lot of work on the ground in an area that is about 1/3 each Latino, white, and African-American. He noted that he has seen a lot of good police work and has seen some abuse too. He says that whenever he sees police harassing people for being black, using inappropriate violence, or treating people like everyone from one racial group is the same, they are always the plain clothes cops who come from outside the community. They don't know the people they are working with, so they don't have the tools to do the job right. He made them sound as if they are coming in with only a hammer and trying to deal with screws. They see the leader of a major gang that is fighting rivals for territory by his church, and they see a baggy-pantsed boy from the local high school, and they don't know which is which. Our local cops do, and they care which is which too.

So maybe part of the problem is the method of broken windows policing that has been in vogue in this country for too long.
 
Posted by Mere Nick (# 11827) on :
 
quote:
Originally posted by lilBuddha:
quote:
Originally posted by Mere Nick:
quote:
Originally posted by Rossweisse:
It is different for blacks and whites. It is especially different for young black men.

Yes, it is. While more whites than blacks are killed by police, it is disproportionate. I'd suspect folks at the lowest end of the totem pole, regardless of color, are shot by an even more disproportionate rate.
Across the board, at every economic level, black people are treated worse by law enforcement.
I'm sure that is great comfort to white folks who get killed by cops.
 
Posted by Mere Nick (# 11827) on :
 
quote:
Originally posted by Soror Magna:
Apparently, the way it is supposed to work is that the officer(s) screams multiple orders at the citizen, and if the citizen does not immediately and silently submit, deadly force is authorized. Have I got that right? Anyone else think this is reasonable?

That's about the way it works, yes.
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by Mere Nick:
]I'm sure that is great comfort to white folks who get killed by cops.

Seriously?!
Has anybody said white people cannot suffer at the hands of the police? No.
What I have said is that being white is an advantage and makes you less of a target.
What I have said is simply being a minority, especially black, makes one a target of suspicion.
What I have said is being a minority will up the odds of being treated poorly during an encounter with the police.
This is true, IME, in all or most of the countries here represented.
What is added by the even more highly dysfunctional US police forces, is the greater possibility of becoming dead.
White people are wrongly killed by the police as well, yes. But at a lesser rate. That is kinda what this thread is about.
 
Posted by Mere Nick (# 11827) on :
 
quote:
Originally posted by lilBuddha:

White people are wrongly killed by the police as well, yes. But at a lesser rate. That is kinda what this thread is about.

It seems to me that it is really about the cops being able to do whatever they want to to whoever they want to and this, especially Garner being killed for selling individual cigarettes, is a discussion about a relatively recent examples. It isn't unusual to see stores here selling individual cigarettes so I don't get the beef they had with him since he wasn't violating another person's rights doing that.

[ 08. December 2014, 15:37: Message edited by: Mere Nick ]
 
Posted by lilBuddha (# 14333) on :
 
And that, Mere Nick, is one reason White people need to change.
Minorities have lived with the reality that the police can treat them poorly since there have been police. White people have not, generally, needed the same fear.
As for this thread, my impression is that race is the more referenced factor.
Regardless, if you are saying that police treatment is equal across racial lines, I am saying you are wrong.
 
Posted by Leorning Cniht (# 17564) on :
 
quote:
Originally posted by Gwai:

So maybe part of the problem is the method of broken windows policing that has been in vogue in this country for too long.

I read some comment on this the other day, with which I think I agree.

The problem isn't with the idea of "broken windows" specifically - the problem is that nobody is fixing the windows, we're just arresting anyone standing nearby.

quote:
Originally posted by Mere Nick:
It isn't unusual to see stores here selling individual cigarettes so I don't get the beef they had with him since he wasn't violating another person's rights doing that.

Depending on how charitable you feel, you could describe their "beef" as anything from tax evasion to unlicensed trading to cluttering up the public streets by being poor and black. I'm finding it difficult to feel much charity towards the NYPD at the moment.
 
Posted by Mere Nick (# 11827) on :
 
quote:
Originally posted by lilBuddha:
And that, Mere Nick, is one reason White people need to change.

Bullshit. If a couple of cops take a notion to kick your ass today, your ass is going to get kicked and there really isn't much you can do about it.
 
Posted by Porridge (# 15405) on :
 
On the Diane Rehm show this a.m. (NPR), one of her guests (sorry, don't know who it was, just got a segment while driving in the car)stated that young black males were shot by police in the US at 22 times the rate of young white males.
 
Posted by Mere Nick (# 11827) on :
 
quote:
Originally posted by Porridge:
On the Diane Rehm show this a.m. (NPR), one of her guests (sorry, don't know who it was, just got a segment while driving in the car)stated that young black males were shot by police in the US at 22 times the rate of young white males.

I got my info from within this article that shows more whites than blacks being killed by cops in raw numbers. However, due to %s of population, blacks are more likely than whites to be killed by cops. 22 times appears to be far higher than the numbers would actually support.
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by Mere Nick:
quote:
Originally posted by lilBuddha:
And that, Mere Nick, is one reason White people need to change.

Bullshit. If a couple of cops take a notion to kick your ass today, your ass is going to get kicked and there really isn't much you can do about it.
How does this reply in any way address what I said?

BTW, the link you posted, whilst it does reduce the percentage mentioned by Porridge, says what I have been saying: Black people are significantly more at risk than white people. 3 times the rate for death. I would wager significantly more for arrest and know it is higher for rates of incarceration and length of sentence.
This is a white people problem in that white people are in the majority numerically and disproportionately so in positions of power.

Yes, it is a problem everyone needs to address, but I can attest that the rest have been trying for a considerable time.
Until we address injustice as a whole society, there is no justice.

[ 08. December 2014, 17:54: Message edited by: lilBuddha ]
 
Posted by Ikkyu (# 15207) on :
 
Any similarity with some arguments in this thread may be just a coincidence.

Tom Tomorrow
 
Posted by Porridge (# 15405) on :
 
I freely admit that arithmetic may not be my strong suit, but using the figures from Nick's article based on the current US population of ~316 million yields a death-by-cop rate of roughly 1/10 of one percent for whites, and 3/10 of one percent for blacks.
 
Posted by Byron (# 15532) on :
 
quote:
Originally posted by Golden Key:
Byron--

As I said a little upthread, Garner *repeatedly* said, "I'm not resisting, I'm not resisting". That may be edited out of some cuts of the recording, but it's there. I googled "garner i'm not resisting" to make sure I hadn't misheard.

D'you have a link to that version? Here's a transcript & recording of the edited video.

If Garner said, "I'm not resisting" before he struggled and said "don't touch me," his changed his mind; if he said it after the chokehold, I've already said I believe that was unjustified, and should've been subject to a manslaughter indictment.
quote:
Originally posted by Barnabas62:
[...] Making grand jury processes more open, or abandoning them in favour of adversarial preliminary hearings before a trial judge, might go some way towards fixing these concerns; at least it would shine a light on what had influenced the decisons made, by either grand jury or trial judge.

What are the arguments against either course? I'm no expert in the US constitution or its legal system. These ideas come to me through a more general understanding of the need to have fair legal systems.

Some have been outlined upthread (secrecy aids witness protection and helps prosecutors build their case), but I agree that, if the grand jury returns no true bill, transcripts should be released in most cases (in some, evidence of witness intimidation would be grounds to refuse).

Instead of yet more adversarialism, the common law could do to reintroduce more inquisitional elements. Adversarial trials are only a few hundred years old: before that, both sides were unrepresented and judges did most of the talking. Trial juries should be encouraged to ask questions of witnesses, and judges encouraged to be proactive, and cross-examine witnesses in search of the truth.
 
Posted by Eutychus (# 3081) on :
 
quote:
Originally posted by Byron:
the common law could do to reintroduce more inquisitional elements.

Are you out of your mind? Have you ever sat in a court and watched the inquisitorial system at work? I have, and in every case I've watched, the presiding magistrate basically doubles as an extra prosecutor. When he's not actually asleep.
 
Posted by Byron (# 15532) on :
 
Inquisitional *elements*: I'm not suggesting that trial judges become a juge d'instruction (who don't preside over trials, but conduct preliminary hearings in private, much like a grand jury, so I'm not sure how you've seen one in action).

Without it, prosecution and defense compete to spin the facts to their advantage, and can confuse and mislead perfectly competent jurors. As it happens, in most common law jurisdictions, trial judges do have the power to ask questions, but they rarely use it.
 
Posted by Autenrieth Road (# 10509) on :
 
quote:
Originally posted by Porridge:
I freely admit that arithmetic may not be my strong suit, but using the figures from Nick's article based on the current US population of ~316 million yields a death-by-cop rate of roughly 1/10 of one percent for whites, and 3/10 of one percent for blacks.

Another calculation which agrees with your results, but avoids estimating the current US population:

code:
Want BlKillRate compared to WhKillRate:


From figures in the article:

WhKillRate = 2151/WhPop

BlKillRate = 1130/BlPop

WhPop = .63 * TotPop

BlPop = .12 * TotPop


So calculating gives us:

WhPop / BlPop = .63/.12

BlKillRate / WhKillRate = (1130/BlPop) / (2151/WhPop)
= (1130/2151) * (WhPop/BlPop)
= .525 * 5.25
= 2.76

So, according to figures in the article, police kill black people at a rate about 3 times higher than they kill white people.

I would want to see sources for where the 22x figure cited earlier comes from and where the figures in the article leading to the 2.76x figure come from, to see what's being counted differently to come up with figures that are different by an order of magnitude.

[ 08. December 2014, 21:23: Message edited by: Autenrieth Road ]
 
Posted by Autenrieth Road (# 10509) on :
 
quote:
Originally posted by Porridge:
On the Diane Rehm show this a.m. (NPR), one of her guests (sorry, don't know who it was, just got a segment while driving in the car)stated that young black males were shot by police in the US at 22 times the rate of young white males.

Ah, checking what Porridge said: the 22x figure is for young males being shot. Whereas I suspect the article's 3x figure is for people of any age and sex being shot.

[ETA: and is the 22x figure for shot and killed, or shot (including survivors)? The article was for killed. I'm not saying the 22x figure isn't shocking.]

[ 08. December 2014, 21:29: Message edited by: Autenrieth Road ]
 
Posted by Porridge (# 15405) on :
 
I'm on duty currently, and not in a position to listen long enough to find the exact clip, but here is an audio link (I hope) to the show where I heard the 22X stat.
 
Posted by saysay (# 6645) on :
 
I'm not sure the emphasis on race is helpful. It allows people to examine their own beliefs, conclude that they're not racist, and then ignore the systemic problems.

There are ways to reduce the number of shootings by police.

One of the things we need to do is to make it a lot easier to fire a police officer, even in cases where criminal charges aren't brought against them.
 
Posted by Golden Key (# 1468) on :
 
quote:
Originally posted by Ikkyu:
Any similarity with some arguments in this thread may be just a coincidence.

Tom Tomorrow

Very good.

(I've missed that comic strip, since the SF Bay Guardian folded recently. Will have to start reading it online.)
 
Posted by orfeo (# 13878) on :
 
There are a variety of ways that poorly trained police can assist you with dying.
 
Posted by RuthW (# 13) on :
 
On the number of people killed in by police officers in the US -- according to the Washington Post, no one knows:

quote:
Officials with the Justice Department keep no comprehensive database or record of police shootings, instead allowing the nation’s more than 17,000 law enforcement agencies to self-report officer-involved shootings as part of the FBI’s annual data on “justifiable homicides” by law enforcement.

That number – which only includes self-reported information from about 750 law enforcement agencies – hovers around 400 “justifiable homicides” by police officers each year. The DOJ’s Bureau of Justice Statistics also tracks “arrest-related deaths.” But the department stopped releasing those numbers after 2009, because, like the FBI data, they were widely regarded as unreliable.

So there is no way to figure out whether black people are shot by cops at a higher rate than other people because we don't even know how many people cops are shooting in the first place.
 
Posted by Golden Key (# 1468) on :
 
Re whether Garner said "I'm not resisting":

Ok, looks like I messed up on this.

I was sure I'd heard that in the video coverage. But I'm capable of mishearing, so I did a search. Just something simple, like: garner "I'm not resisting". When the list came up, there were lots of sites that had both "garner" and "i'm not resisting" in the description. So I figured I'd heard right, and didn't look further.

Byron asked today for a direct link. So I went looking...and couldn't find one. Because articles that discussed Garner *also* discussed *other* seriously bad encounters with cops (e.g., mistreating journalists) and some of those victims reported saying "I'm not resisting".

So I'm not quite sure what happened. I definitely can mishear, due to a hearing problem; but it's a matter of misunderstanding what's actually said, not inserting something where there's nothing.

The only thing I can think is that maybe a newscast ran or discussed something about one of these other cases in the middle of a segment on Garner, and I was multi-tasking, and didn't catch the change.

Apologies.
[Hot and Hormonal]
 
Posted by Autenrieth Road (# 10509) on :
 
saysay, I'm confused by your recent post compared to other posts you have made: is an emphasis on race helpful or not?
 
Posted by Dave W. (# 8765) on :
 
quote:
Originally posted by Porridge:
I'm on duty currently, and not in a position to listen long enough to find the exact clip, but here is an audio link (I hope) to the show where I heard the 22X stat.

This ProPublica article gives a similar number based on the FBI Supplementary Homicide report:
quote:
Young black males in recent years were at a far greater risk of being shot dead by police than their white counterparts – 21 times greater, according to a ProPublica analysis of federally collected data on fatal police shootings.

The 1,217 deadly police shootings from 2010 to 2012 captured in the federal data show that blacks, age 15 to 19, were killed at a rate of 31.17 per million, while just 1.47 per million white males in that age range died at the hands of police.

They also note the incompleteness of the FBI's statistics that Ruth mentioned.
 
Posted by romanlion (# 10325) on :
 
quote:
Originally posted by lilBuddha:

This is a white people problem....

Is this a white people problem?

38 dead just in November. 35 by gunshot, including two 15 year olds. I'm going out on a limb assuming mostly black.

Sadly for me I started a project in Chicago in early November. What a disaster this place is, and everyone is worried about cops?

Embarrassing.

But hey, F*** the police comin' straight from the underground, a young n**ga got it bad cause I'm brown!

Yeah...
 
Posted by saysay (# 6645) on :
 
quote:
Originally posted by Autenrieth Road:
saysay, I'm confused by your recent post compared to other posts you have made: is an emphasis on race helpful or not?

I think it's undeniable that within the US there exists a certain amount of both personal and systemic racism.

I think the criminal justice system within the US has systemic problems in need of immediate and ongoing correction.

I'm not sure that emphasizing racism as opposed to the systemic problems of the CJ system (which are tied up with racism but not limited to it) is the best way to get change at this point.

I'm not sure if that explanation makes sense.

(it's also possible that I'm just pissed about a race-baiting argument I got into on my uncle's facebook page last night).
 
Posted by Autenrieth Road (# 10509) on :
 
Thanks, saysay, for explaining. Now I understand.
 
Posted by Eutychus (# 3081) on :
 
quote:
Originally posted by Byron:
Inquisitional *elements*: I'm not suggesting that trial judges become a juge d'instruction (who don't preside over trials, but conduct preliminary hearings in private, much like a grand jury, so I'm not sure how you've seen one in action).

Without it, prosecution and defense compete to spin the facts to their advantage, and can confuse and mislead perfectly competent jurors. As it happens, in most common law jurisdictions, trial judges do have the power to ask questions, but they rarely use it.

Just to clarify this tangent.

In France investigating magistrates (juges d'instruction) are inquisitorial. They are supposed to investigate à charge et à décharge i.e. to obtain incriminating AND exculpating evidence/testimony. I have read enough of their reports to see how they can and do investigate only to incriminate. Worse, witness statements are taken, and written up, by the juge d'instruction.

If the defence asks for an opportunity to confront these witnesses, the juge may promise they will be able to do so in court, but this is absolutely no guarantee they will be called.

So you can be convicted on the say-so of someone you have never met, nay, do not know, do not ever see, and who you and your counsel have never had the opportunity to cross-examine. I have seen this happen.

What happens is that the presiding trial judge reads out the witness statement as recorded by the eager-to-incriminate investigating magistrate, and that statement is basically taken as gospel: questioning it is deemed tantamount to contempt of court because you are questioning the magistrates' ability/truthfulness and not that of the witness.

In short, there is too much power concentrated in the hands of investigating magistrates, and trial judges do not simply ensure the law is properly applied in court; they get mixed up in the prosecution.
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by romanlion:
quote:
Originally posted by lilBuddha:

This is a white people problem....

Is this a white people problem?

What does it have to do with the discussion thus far?
 
Posted by RuthW (# 13) on :
 
quote:
Originally posted by romanlion:
quote:
Originally posted by lilBuddha:

This is a white people problem....

Is this a white people problem?

38 dead just in November. 35 by gunshot, including two 15 year olds. I'm going out on a limb assuming mostly black.

Sadly for me I started a project in Chicago in early November. What a disaster this place is, and everyone is worried about cops?

Any community with a high homicide rate sure as hell doesn't need cops making it worse. It's kind of hard to do something about gun violence if police officers are involved in unjustified shootings.
 
Posted by Barnabas62 (# 9110) on :
 
Homicide rates and statistics.

Just endorsing RuthW's point about the statistics. I picked up elsewhere that the c 400 pa count of death by police actions was questionable for accuracy. I've also read in other places that the powerful NRA lobby have acted to block effective monitoring of "death by gun" rates in general - not sure of the full strength of that.

There is a general principle which I learned from an ex-Head of the UK Baptist Union. "It's not what you expect that counts, but what you inspect."

How can we expect to see decent social policy choices made without objective standards of inspection into what the hell is going on? The politicisation of the statistics of gun deaths, and their means of collection, may be another important issue for reform. Mucking about with the measurements is like throwing sand in your own eyes, as well as other people's.

[ 09. December 2014, 12:03: Message edited by: Barnabas62 ]
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by romanlion:
quote:
Originally posted by lilBuddha:

This is a white people problem....

Is this a white people problem?
As I mentioned, this is a tangent, but the answer is yes. If you dig a massive pit in the middle of a road and force a group to walk down the road at night, it is your responsibility that some fall in.
 
Posted by Ikkyu (# 15207) on :
 
quote:
Originally posted by romanlion:


Embarrassing.

But hey, F*** the police comin' straight from the underground, a young n**ga got it bad cause I'm brown!

Yeah...

This part of your post IS racist. And therefore you should be embarrassed.

[ 09. December 2014, 13:49: Message edited by: Ikkyu ]
 
Posted by Eliab (# 9153) on :
 
quote:
Originally posted by Ikkyu:
This part of your post IS racist. And therefore you should be embarrassed.

Ikkyu,

romanlion's post may or may not be racist (though I'm not even sure what the offending part of it is supposed to mean) but when you say he ought to be embarrassed by it, you're close to the line between criticising the argument and criticising the person.

As racism is a violation of Commandment 1 (Don't be a jerk), if are unable to engage with a post without directly accusing the poster of racism, it would be better to leave that to the Hosts to identify (and PM us if you think there's an issue requiring intervention) rather than make the accusation yourself.

Eliab
Purgatory Host
 
Posted by romanlion (# 10325) on :
 
quote:
Originally posted by lilBuddha:
quote:
Originally posted by romanlion:
quote:
Originally posted by lilBuddha:

This is a white people problem....

Is this a white people problem?
As I mentioned, this is a tangent, but the answer is yes. If you dig a massive pit in the middle of a road and force a group to walk down the road at night, it is your responsibility that some fall in.
Chicago can rightly be compared to a massive pit, I agree.
The irony of being “forced to walk down the middle of the road” is hilarious though. Are you suggesting that Michael Brown was forced to walk down the middle of the road? Proper use of a sidewalk would have gone a long way for him, no doubt.

quote:
Originally posted by Ikkyu:
quote:
Originally posted by romanlion:


Embarrassing.

But hey, F*** the police comin' straight from the underground, a young n**ga got it bad cause I'm brown!

Yeah...

This part of your post IS racist. And therefore you should be embarrassed.
This is a decades old lyric, written and popularized by a black artist, and hardly “racist”. It illustrates how old and tired the mentality behind it is.
Personal choices and behavior matter, difficult as that is for many to accept. Chicago sucks, but it would be exponentially worse without the police, even if they occasionally kill someone. If you want to make a real difference, how about starting with the same level of outrage for the countless young black men killing each other as you are so happy to display in the occasional circumstance where a police officer is (justifiably) involved.
 
Posted by Doc Tor (# 9748) on :
 
quote:
Originally posted by romanlion:
This is a decades old lyric, written and popularized by a black artist, and hardly “racist”. It illustrates how old and tired the mentality behind it is.

Alternatively, how poignant that a decades-old lyric hasn't lost the force of its meaning. I suppose those folk singing "Give peace a chance" and "We shall overcome" should really just get over it, because we've had peace and freedom for decades already. Oh, wait...
 
Posted by Ikkyu (# 15207) on :
 
quote:
Originally posted by Eliab:
quote:
Originally posted by Ikkyu:
This part of your post IS racist. And therefore you should be embarrassed.

Ikkyu,

romanlion's post may or may not be racist (though I'm not even sure what the offending part of it is supposed to mean) but when you say he ought to be embarrassed by it, you're close to the line between criticising the argument and criticising the person.

As racism is a violation of Commandment 1 (Don't be a jerk), if are unable to engage with a post without directly accusing the poster of racism, it would be better to leave that to the Hosts to identify (and PM us if you think there's an issue requiring intervention) rather than make the accusation yourself.

Eliab
Purgatory Host

I am sorry. I should have followed the example of others and address the substance of the post. Not the person.

[ 09. December 2014, 15:32: Message edited by: Ikkyu ]
 
Posted by Barnabas62 (# 9110) on :
 
@ romanlion

Given the carnage in Chicago, what remedies do you recommend to reduce death by gun?
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by romanlion:
quote:
Originally posted by lilBuddha:
quote:
Originally posted by romanlion:
quote:
Originally posted by lilBuddha:

This is a white people problem....

Is this a white people problem?
As I mentioned, this is a tangent, but the answer is yes. If you dig a massive pit in the middle of a road and force a group to walk down the road at night, it is your responsibility that some fall in.
Chicago can rightly be compared to a massive pit, I agree.
The irony of being “forced to walk down the middle of the road” is hilarious though. Are you suggesting that Michael Brown was forced to walk down the middle of the road? Proper use of a sidewalk would have gone a long way for him, no doubt.

My apologies for using a metaphor. I will speak more simply if this helps.
If you create a problem that is difficult to avoid, you share* the responsibility when it is not avoided.
To use a white on white example, think of the Mafia in America. Prohibition may have fanned the flames, but the fuel for the fire already existed. Oh, sorry, metaphor again.
More simply, Italian immigrants were treated poorly, ostracised socially, politically and economically. Thus easy prey for Italian criminals. And, much like black communities, not policed the same way as the accepted mainstream.

*Please note the use of the word share. Life not being zero-sum, there is plenty of room for individual guilt to coexist with societal responsibility.
 
Posted by Byron (# 15532) on :
 
Eutychus, thanks for the explanation, I'm not suggesting that the common law introduce a juge d'instruction, but that trial judges be encouraged to ask neutral truth-seeking questions.

So for example, a circumstantial theft case: a ring went missing, and the maid's the only person in the house when it did. Prosecution asks complainant to say this; defense crosses about alternative possibilities; but judge asks complainant "prior to this, did you trust your maid?" Neither defense nor prosecution risk that, 'cause it could go against them, but it'll help the jury reach a decision.

No worries, Golden Key, I first misheard "mess with" as "arrest."
 
Posted by Fr Weber (# 13472) on :
 
quote:
Originally posted by Ikkyu:
quote:
Originally posted by romanlion:


Embarrassing.

But hey, F*** the police comin' straight from the underground, a young n**ga got it bad cause I'm brown!

Yeah...

This part of your post IS racist. And therefore you should be embarrassed.
Wait--you do realize he's quoting NWA, right? And that his employment of the quote is an ironic contrast between the criticism of police and the disproportionate number of young black men murdered by young black men?

You could make an argument that white people cite black-on-black crime as a tactic to divert attention from systemic racism, of course. In which case I'd really like to see the argument made rather than leaping straight into accusing someone of thoughtcrime.
 
Posted by Leorning Cniht (# 17564) on :
 
quote:
Originally posted by Byron:
Eutychus, thanks for the explanation, I'm not suggesting that the common law introduce a juge d'instruction, but that trial judges be encouraged to ask neutral truth-seeking questions.

So in a thread which is basically all about the problems with pale people in authority having biases at various levels against poor low-status darker people, your solution is to point at one pale person in authority and say "Look! Him! He has no bias!"?
 
Posted by Byron (# 15532) on :
 
quote:
Originally posted by Leorning Cniht:
So in a thread which is basically all about the problems with pale people in authority having biases at various levels against poor low-status darker people, your solution is to point at one pale person in authority and say "Look! Him! He has no bias!"?

There's plenty non-white judges, and plenty white judges who can be impartial. If we're gonna assume that white judges are racist, the problem goes far beyond their asking inquisitional questions on cross!
 
Posted by Leorning Cniht (# 17564) on :
 
quote:
Originally posted by Byron:
There's plenty non-white judges, and plenty white judges who can be impartial. If we're gonna assume that white judges are racist, the problem goes far beyond their asking inquisitional questions on cross!

There's plenty of non-white cops, too, but that's hardly a panacea. And yes, I am going to assume that the average white judge has racial bias. I'm not going to assume that he's a Klansman or anything like that, but there are plenty of soft biases that don't look like racism to people. Things like, for example, the way that white people think black children (particularly black boys) are older than they really are. There are a whole load of soft cues like that - things that are based on details of bearing, facial expression and so on, where the average white person and the average black person look just a little different, so that someone used to reading the cues of one racial group will make mistakes when trying to read another.

The solution isn't to assume that you have a magic unbiased judge - it's to construct a system where the effect of bias in the judge, the lawyers and so on is minimized. Encouraging judges to ask "neutral" questions is the opposite of that.
 
Posted by lilBuddha (# 14333) on :
 
Soft bias. Yes. Even those who do not think traits are directly associated with colour can make the assumption of culture associated with colour.
It might seem like I am doing that myself. but I don't think I am. I am not saying all white people directly contribute towards racial inequality. Just that the balance of power favours white people and this does not create as much incentive to foment change. But as the power, they must be part of that change.
 
Posted by romanlion (# 10325) on :
 
quote:
Originally posted by Barnabas62:
@ romanlion

Given the carnage in Chicago, what remedies do you recommend to reduce death by gun?

Tough to say specifically, but I think we can easily identify some things that don’t work.
Gun bans, drug prohibition, and perpetual control of major metropolitan areas by the democrats.
 
Posted by Byron (# 15532) on :
 
Leorning Cniht, for culpability reasons, I feel it's crucial to separate conscious and unconscious bias.

I'd agree that all people (regardless of ethnicity) are subject to unconscious biases. How we're evolved.

Problem comes when this is treated like deliberate bigotry. Accuse white judges of racism (often defined as something only white people can be guilty of), and most will get angry, shut down, and may well (unconsciously) take out their frustration by going harder on minority defendants. Counter-productive in the extreme.

If, alternatively, it's framed as unconscious bias that we're all guilty of, but, thanks to the sordid history of white supremacy, disproportionately affects African-Americans, they may be more willing to listen.

We're at an impasse right now 'cause people instinctively defend themselves, and the difference between personal and institutional racism is blurred way too much.
 
Posted by Doc Tor (# 9748) on :
 
quote:
Originally posted by romanlion:
quote:
Originally posted by Barnabas62:
@ romanlion

Given the carnage in Chicago, what remedies do you recommend to reduce death by gun?

Tough to say specifically, but I think we can easily identify some things that don’t work.
Gun bans, drug prohibition, and perpetual control of major metropolitan areas by the democrats.

So the answer is more guns and drugs.

[Paranoid]
 
Posted by Leorning Cniht (# 17564) on :
 
quote:
Originally posted by Byron:
Leorning Cniht, for culpability reasons, I feel it's crucial to separate conscious and unconscious bias.

That's fine - and most of what I was talking about were the soft biases that don't look like explicit racism, rather than explicitly racist judges. (Hence my use of "racial bias" rather than "racism".)

People should certainly try to understand and counteract their soft biases - it is a good thing to do, and will help them make better decisions - but we can't assume that it will happen.

So you want to try to design a system which is as robust as you can against such soft biases.
 
Posted by romanlion (# 10325) on :
 
quote:
Originally posted by Doc Tor:
So the answer is more guns and drugs.

[Paranoid]

That won't work, at least in Chicago, because more guns and drugs won't actually fit into the city.

Maybe a triple ban on drugs, and a quadruple ban on guns will do the trick.

[ 09. December 2014, 23:32: Message edited by: romanlion ]
 
Posted by Barnabas62 (# 9110) on :
 
How about a bipartisan agreement to find policies which will reduce the death by gun rate?

How about some recognition that the NRA might, not saying they are for sure of course, but just might be influenced by factors other than a purist defence of the Second Amendment?

How about giving some serious consideration to the fact that other democracies have a much lower death by gun rate and trying to work out, by agreement, why that might be so?

What have you got to lose by taking a few tentative steps down that road?
 
Posted by Golden Key (# 1468) on :
 
Re listening to each other:

There are various reconciliation efforts in Ferguson. I like the one I heard about over the weekend, on NPR's "All Things Considered". "Pastor: The way forward in Ferguson is talk and prayer" is about a pastor who's hosting weekly potlucks at his church, where people (and not just church people!) can respectfully listen and talk. (Both transcript and audio available at link.)
 
Posted by Doublethink. (# 1984) on :
 
What about agreeing strict liability for neglient homicide, if a police officer kills a citizen whilst not following agreed protocols ? I.E. If you are issued a non-lethal weapon but don't carry it, then kill someone - you are liable. You restrain someone in an unauthorised way and they die, you are liable.
 
Posted by Barnabas62 (# 9110) on :
 
DT I think there is a lot to be said for strict liability. I think the argument against it has always been don't second guess the officer on the spot. But it looks worth considering.
 
Posted by Gwai (# 11076) on :
 
quote:
Originally posted by Barnabas62:
How about a bipartisan agreement to find policies which will reduce the death by gun rate?

Indeed. If someone could/would stop the gangs from running guns in by the ton from Indiana, it would improve certain areas of Chicago decisively.
 
Posted by romanlion (# 10325) on :
 
As long as there are drug profits to protect, there will be guns. Even if you could eliminate the guns, they would protect their markets with knives and baseball bats.

The dirty little secret is that local, state, and federal law enforcement are not interested in stopping the drug trade because they actively profit from it, and use it to justify their budgets and tactics.

To a large extent, prohibition is responsible for the adversarial nature of the relationship between law enforcement and minority communities across this country. It certainly hasn’t helped stem the availability or demand for drugs.

The Garner situation was just an extension of this phenomenon, albeit regarding a legal product. If Caesar had been getting his bit from the sale of those single cigarettes there would have been no problem.
 
Posted by Doc Tor (# 9748) on :
 
quote:
Originally posted by romanlion:
As long as there are drug profits to protect, there will be guns. Even if you could eliminate the guns, they would protect their markets with knives and baseball bats.

The dirty little secret is that local, state, and federal law enforcement are not interested in stopping the drug trade because they actively profit from it, and use it to justify their budgets and tactics.

I largely agree that this is true, and that legalising marijuana (at least) would ease (rather than solve) some of the endemic problems.

I did think, however, that it was NRA mantra that the solution to gun crime is more guns. If everyone is armed, then every time a criminal points a gun, there are a dozen guns pointing back. I can see some fundamental flaws in that approach, but I wondered if you subscribed to it, or something similar?
 
Posted by lilBuddha (# 14333) on :
 
To an extent the current situation is exacerbated by the drug trade. That doesn't explain historic harassment a lack of equal treatment.
And it is a mark of prejudice that drugs are assumed to be a minority problem. As if white people do not produce, distribute and use.

ETA: re legalisation, do a google search for robbery and legal dispensaries. Or liquor store robberies v. Ice cream shop robberies.

[ 10. December 2014, 15:42: Message edited by: lilBuddha ]
 
Posted by romanlion (# 10325) on :
 
quote:
Originally posted by Doc Tor:


I did think, however, that it was NRA mantra that the solution to gun crime is more guns. If everyone is armed, then every time a criminal points a gun, there are a dozen guns pointing back. I can see some fundamental flaws in that approach, but I wondered if you subscribed to it, or something similar?

Not per se, but it is a fact that guns are used to protect lives and property on a daily basis, both by citizens and the police. Responsible people are well within their rights to own and carry firearms.
I don’t attribute gun violence to guns any more than I do stabbings to knives or beatings to fists.

quote:
Originally posted by lilBuddha:

And it is a mark of prejudice that drugs are assumed to be a minority problem. As if white people do not produce, distribute and use.

Man, you see whitey peeking out from behind every blade of grass don’t you? That must be miserable.
Nowhere did I make that assumption, or suggest that white people don’t produce, distribute, or use drugs.
quote:
Originally posted by lilBuddha:

ETA: re legalisation, do a google search for robbery and legal dispensaries. Or liquor store robberies v. Ice cream shop robberies.

I miss the point.
 
Posted by romanlion (# 10325) on :
 
I just found this.

I apologize if it has already been linked in this thread.

Not sure if it adds anything to the debate, but it seemed worth sharing.

Killed by Police
 
Posted by Mere Nick (# 11827) on :
 
Chris Rock has some excellent tips to share, too.
 
Posted by lilBuddha (# 14333) on :
 
romanlion,

You began your Chicago example with the suggestion of Black on black crime. Since you made no reference to a broadening of your approach, it is not unreasonable to assume you are still referring to black people.
Minorities are treated differently, to what would you attribute this?
Regarding the part you don't get, apologies again for overestimating and not supplying enough explanation.
Marijuana became legal in Colorado and California. The dispensaries have quickly become targets of robbery.
Liquor stores are a greater target than ice cream shops.
Why? Money. Addictive substances will bring more money and therefore more crime, regardless of legality.
 
Posted by Golden Key (# 1468) on :
 
quote:
Originally posted by lilBuddha:
Marijuana became legal in Colorado and California. The dispensaries have quickly become targets of robbery.
Liquor stores are a greater target than ice cream shops.
Why? Money. Addictive substances will bring more money and therefore more crime, regardless of legality.

In California, only *medically-prescribed* pot is legal. (Except maybe in Humboldt county. Lots of growers up there. Kind of Pot Central.) Granted, some of the prescribing doctors are reportedly...lax...in their standards. But you have to have a prescription to be legal. I don't know if the Feds are still hassling and raiding med. pot stores and growers; but they did, for some time--pot, medical or not, is still illegal at the Federal level. OTOH, we had Oaksterdam Univ. in Oakland, teaching all things pot. Not sure if it's still around.

Colorado legalized recreational use, too, in the last couple of years.

Convenience stores (small stores where you can buy a little bit of everything--fast food, household items, cigarettes, etc.) are also common crime targets. They're usually open long hours, have few clerks, and they're close to the street.
 
Posted by Soror Magna (# 9881) on :
 
Marijuana dispensaries are targets partly because, AIUI, even in states where it is legal, they are not allowed to use the banking system in the USA. So it's a cash-only business, which is always risky for everybody involved.
 
Posted by romanlion (# 10325) on :
 
quote:
Originally posted by lilBuddha:


You began your Chicago example with the suggestion of Black on black crime.

It wasn't a suggestion, it was a statement of fact. Since Michael Brown was killed there have been hundreds of black men murdered in Chicago alone. Not that anyone gives a shit.

In an unrelated post I suggested that prohibition was partly to blame for the lack of trust between law enforcement and minority communities.

From this you inferred an assumption that drugs are a "minority problem, as if white people don't use, produce, or distribute."

Hatred will blind you.

quote:
Originally posted by lilBuddha:

Liquor stores are a greater target than ice cream shops.

People on the street are a greater target than liquor stores and ice cream shops combined.

So what? Should we outlaw bipedalism?
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by romanlion:
quote:
Originally posted by lilBuddha:


You began your Chicago example with the suggestion of Black on black crime.

It wasn't a suggestion, it was a statement of fact. Since Michael Brown was killed there have been hundreds of black men murdered in Chicago alone. Not that anyone gives a shit.
This is a discussion on police mistreatment of minorities, specifically black people. So what was the point of your post?
That discussing this is remiss because there are other problems affecting black communities?
People certainly can care, and complain, about more than one thing. Even should one be perceived as a lesser issue.
They are related problems, BTW, but I suspect we would disagree on that relationship.
quote:
Originally posted by romanlion:

Hatred will blind you.

Who do I hate? White people? Certainly not. Perhaps you missed this.
quote:
Originally posted by lilBuddha:
the balance of power favours white people and this does not create as much incentive to foment change. But as the power, they must be part of that change.

It is really quite simple.
And it is not a statement which implies any inherent racial characteristics.
quote:
Originally posted by romanlion:

quote:
Originally posted by lilBuddha:

Liquor stores are a greater target than ice cream shops.

People on the street are a greater target than liquor stores and ice cream shops combined.

So what? Should we outlaw bipedalism?

Your reply does not make any kind of sense.
My basic point is that legalisation may well not be the panacea people think it to be in regards to crime.
 
Posted by Horseman Bree (# 5290) on :
 
So much of the last few pages of this thread have been about rationalizing away the points that make people uncomfortable that I wonder if anyone actually cares about what is actually happening.

There is no question that the system is stacked by whites against blacks, more noticeably in some states, but clearly to some extent in all states and provinces. The same systemic bias operates against native persons.

BUT the voices in all discussions will always be dominated by those who do not want to accept that there is a problem.

This does not mean that there is no problem, it just means that it is harder to actually make all people (who are equal in the eyes of God) to be actually equal in these supposedly-marvellous countries which CLAIM to allow equal opportunities.

I know that the usual parade of avoiders will now attack me for being so stupid as to side with persons of colour, but, as Jesus implied, "To Hell with you". You do not understand that a Constitution has to be applied to all and by all if the country is to live and grow - otherwise that country will fall into the low status of a failed state.

ANYTHING like stacking a police department with enough weapons to run a small war, while hiring overt racists to police a "not-like-them" community is so clearly unconstitutional as to make any arguments supporting said department laughable and pointless.

Just as the Tea Party doesn't understand that other people have rights too, so do the anti-black pleadings of the rabble that can't abide rights for people with the wrong skin colour.

But, hey, what do I know? I'm only an observer. Go ahead and destroy your countries. I won't be around long enough to see the final descent into anarchy.
 
Posted by Barnabas62 (# 9110) on :
 
Suppose you weren't just an observer. HB? Suppose you had Presidential powers and a majority in both Houses?

What would you do to reverse the social damage?

I'm personally convinced that the death by gun rate is directly related to the outworking of the Second Anendment. Other democracies have serious drug problems but without the levels of carnage that exist in the US. And the death by police rate is much lower in those democracies as well.

But given the widespread support for freedom of access to guns and current levels of gun ownership, how do you roll that back even if, wonder of wonders, there was a majority in both Houses for taking such remedial action? It would be very easy to alienate a lot of people with guns that way.

I'm not arguing against you re continuing systemic racism and the need to be vigilant about that, continue down reforming and educational roads. Though things are better in the UK than they were, there are still glass ceilings in place, still underlying prejudices to be found.

Of course there are connections. I'm not sure that seeing them is much help in tackling the death by gun rate. Given that ubiquitous access to guns increases the risk that more people will use them, more people will continue to die, police will continue to need to be armed thus increasing the risk of death by police.

That's an outsider's view too. I find a lot to admire about the U.S. And this deadly issue produces frustration and sorrow in me because of the damage it causes, the way it makes other divisiveness worse.
 
Posted by Barnabas62 (# 9110) on :
 
PS.

This "exposure to risk" argument does impact on personal freedoms. It's been socially accepted, not without a fair degree of libertarian argument against it, in the cases of introduction of seatbelts, testing for alcohol levels in drivers, smoking in public places. Some freedoms have been curtailed.

But the overall effects have been significantly lower car deaths and corresponding improvements in lung cancer death rates. Most people in the UK think that was worth the deal.

How do these experiences read across into the gun control argument? Well, obviously not one-to-one. I can see the differences easily enough. I just think the US would be wise to start down that road. It might take a long time. It's better than doing nothing, or blaming it entirely on causes other than "exposure to risk".

YMMV.
 
Posted by Byron (# 15532) on :
 
The Second Amendment isn't the problem. It wasn't recognized as an individual right by the courts until '08, and wasn't applied to the states until 2010. Prior to that, states and the federal govt. were free to ban firearms, and some did so (in the case that triggered the second ruling, Chicago banned handguns).

Moreover, ownership and carry of legal firearms aren't the problem. America's homicide rate has fallen as legal carry laws have spread. The Czech Republic allows ownership and carry more-or-less shall-issue, as has homicide rates well within the European norm. Britain itself had legal carry until post-WW2, with murder rates lower than today's.

The problem is social collapse. Gun murders happen in areas of deprivation: neighborhoods where broken families and broken schools lead to broken communities, awash with gangs and drugs, bereft of hope, education, and jobs.

Behind that is centuries of racial bigotry manifested in murderous white supremacy. It's a legacy that's got to be confronted if healing's ever to be found.
 
Posted by Barnabas62 (# 9110) on :
 
I know we've had this argument on prior threads; whatever the level of social stability or instability, exposure to risk is made worse by the free availability of lethal weapons. I'm not minimising either factor; in fact I think it's folly to do that.
 
Posted by Byron (# 15532) on :
 
Only the most extreme libertarians want firearms to be freely available: the overwhelming majority want felons, people adjudicated a danger to themselves and others, and other dangerous groups to be kept well away from firearms.
 
Posted by Barnabas62 (# 9110) on :
 
Would you say that the quarter of a billion or so firearms in private hands in the U.S. (that's a recent estimate I saw) represents a controlled situation, and gives no cause concern about the way it may fuel death by gun rates?

I recognise recent improvements in the stats I've seen, plus some disquiet over the collection and accuracy of stats. I hope the trends do continue and are not sent into reverse by real and perceived social inequities. I don't see much to be complacent about, on gun control, social inequity or drugs. High profile cases like the ones discussed here don't do an awful lot to help proper consideration of policies aimed at reducing their bad effects.
 
Posted by Byron (# 15532) on :
 
quote:
Originally posted by Barnabas62:
Would you say that the quarter of a billion or so firearms in private hands in the U.S. (that's a recent estimate I saw) represents a controlled situation, and gives no cause concern about the way it may fuel death by gun rates?[...]

Does that quarter billion include illegal guns?

If so, it's apples and oranges. Lumping together legal and illegal guns is a major problem in the research, including all those "gun deaths as public health crisis" articles in prestigious medical journals.

Guns in the hands of criminals are, of course, a major concern, but, thanks to the numbers of firearms circulating in the black market, one that the law can do little about.
 
Posted by saysay (# 6645) on :
 
quote:
Originally posted by Horseman Bree:
So much of the last few pages of this thread have been about rationalizing away the points that make people uncomfortable that I wonder if anyone actually cares about what is actually happening.

Yes, people care. There are lots of people at the community meetings I've been going to who both care and are organizing for effective solutions.

But if the torture reports show us nothing else, it's that the rich and powerful in this country will do anything to keep from giving up what they have.
 
Posted by Barnabas62 (# 9110) on :
 
Licit and illict ownership, Byron.

See here.

Compare US and UK gun ownerships

Compare US and UK gun deaths

You don't think that suggests some kind of correlation? Or at least something to be considered when making policy?
 
Posted by mousethief (# 953) on :
 
quote:
Originally posted by Byron:
Guns in the hands of criminals are, of course, a major concern, but, thanks to the numbers of firearms circulating in the black market, one that the law can do little about.

Really? You don't think changes in the availability of legal guns would at all affect changes in the availability of illegal guns? Where do these illegal guns come from? Do they have their own factories?
 
Posted by Bullfrog. (# 11014) on :
 
quote:
Originally posted by Byron:
The Second Amendment isn't the problem. It wasn't recognized as an individual right by the courts until '08, and wasn't applied to the states until 2010. Prior to that, states and the federal govt. were free to ban firearms, and some did so (in the case that triggered the second ruling, Chicago banned handguns).

...America's homicide rate has fallen as legal carry laws have spread....

The homicide rate has been falling since the early 1990s.

It has also fallen because ER doctors have gotten better and better at keeping shooting victims alive.

Among other things...

Correlation ain't causality.

[ 12. December 2014, 02:03: Message edited by: Bullfrog. ]
 
Posted by cliffdweller (# 13338) on :
 
quote:
Originally posted by Bullfrog.:
The homicide rate has been falling since the early 1990s.

It has also fallen because ER doctors have gotten better and better at keeping shooting victims alive.

Among other things...

these guys attribute it to a rise of abortions/ decrease in unwanted pregnancies in the late 70s/early 8os.

So yeah, what he said re correlation v. causation.

[ 12. December 2014, 02:25: Message edited by: cliffdweller ]
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by Byron:
Only the most extreme libertarians want firearms to be freely available:

And the National Firearm Makers Lobby. AKA the NRA.

The UK is not less violent* than the US, but the homicide rate is less than 1/4. Why do you think that might be?


*It is difficult to properly quantify, but read this.
 
Posted by Byron (# 15532) on :
 
I'll take the above together ...

UK's a small island, U.S. is a transcontinental republic with two vast borders. Supply's a helluva lot easier to interdict in one than the other.

You're all right, correlation ain't causation. Several states of the union combine liberal gun laws (New England, Iowa, Utah, Idaho) with low homicide rates. What do those states lack? Deprived areas awash with drugs and gangs.

Would gun control somehow get the guns out the hands of the bangers? With those quarter billion guns in circulation and porous borders, its hard to see how. What it would undoubtedly do is prevent thousands, perhaps millions, of Americans from defending themselves against criminal violence (in the majority of cases, merely by brandishing their sidearm). Innocent lives would, undoubtedly, be lost, for no clear gain.
 
Posted by Barnabas62 (# 9110) on :
 
Population density is also a factor. Homicide rates in general are higher where populations are more concentrated. The UK has places of high and low population density. Overall our population density is higher than in the US.

I'm not arguing we should ignore other variables when tackling social inequities or the incidence of violence. There isn't a monolithic or simplistic connection between incidence of gun ownership and death by gun. In some individual cases, gun ownership may save lives. The weight of evidence is that ubiquitous gun ownership costs more lives overall than it saves.

The UK does indeed have significant problems of social violence. There is rural crime but crime levels are higher in the major towns and cities. We still grapple with racism and cross~cultural tensions. The standards of policing and inequitable treatment by the police are also under serious scrutiny. There have been and probably are continuing significant failings there. We just don't kill one another at anything like the same rate, whether or not we are police officers.

And I'm not saying that we are intrinsically less violent than US citizens or morally superior in any way. Nor am I critiquing levels of personal responsibility. Nor do I want to start a pond war. My argument is entirely about exposure to risk and means of reducing that.

[ 12. December 2014, 07:45: Message edited by: Barnabas62 ]
 
Posted by Barnabas62 (# 9110) on :
 
And picking up on Gwai's point earlier, what is wrong for example with giving a higher policing priority than at present to illegal gun trafficking and possession of illegal firearms? That really shouldn't offend Second Amendment defenders and success along those lines would reduce exposure to risk.

I can see it would be difficult, probably dangerous, certainly costly and would need persistence to make and hold gains. The benefits would appear to outweigh that.
 
Posted by lilBuddha (# 14333) on :
 
ISTM, much of the gun problem in America is cultural. Most of the internal expansion in America was in the era of the gun and much of that was in the era of the (relatively) cheap gun.
Much of said growth was also done ahead of the government's ability to protect. "Frontier towns" ceased to exist in the British Isles long before.
And the persistent myth of the "lone protector" against chaos that seems so strong in America.
Address that aspect of culture and you go a long way to allowing potential solutions.
 
Posted by jbohn (# 8753) on :
 
quote:
Originally posted by lilBuddha:
ISTM, much of the gun problem in America is cultural. Most of the internal expansion in America was in the era of the gun and much of that was in the era of the (relatively) cheap gun.
Much of said growth was also done ahead of the government's ability to protect. "Frontier towns" ceased to exist in the British Isles long before.
And the persistent myth of the "lone protector" against chaos that seems so strong in America.
Address that aspect of culture and you go a long way to allowing potential solutions.

I'd agree that much having to do with firearms in America is indeed cultural. How much of it is a problem, to what degree, and what to do about it are open for debate.

Part of the culture that, it seems to me, some of our European friends miss is a matter of scale. The U.S. is a vastly bigger place than (for instance) the UK - and there are still large areas of territory, particularly in the West, where help in the form of the county sheriff or an ambulance can be a long time coming in an emergency. While this doesn't necessarily affect the day-to-day lives of all Americans, it *does* affect how we view the world, from pop culture (John Wayne, anyone?) to lawmaking.

Incidentally, this has implications in American politics, as well - there is a massive divide between rural America and urban America in terms of religion, politics, and economics that is hard to bridge. Which is one reason government action on things like gun control moves very slowly - if at all.
 
Posted by cliffdweller (# 13338) on :
 
quote:
Originally posted by jbohn:

Part of the culture that, it seems to me, some of our European friends miss is a matter of scale. The U.S. is a vastly bigger place than (for instance) the UK - and there are still large areas of territory, particularly in the West, where help in the form of the county sheriff or an ambulance can be a long time coming in an emergency. While this doesn't necessarily affect the day-to-day lives of all Americans, it *does* affect how we view the world, from pop culture (John Wayne, anyone?) to lawmaking.

But, while those things may not be true of Europe, they ARE true of Canada-- in fact more so-- larger territory, more of it sparsely populated and far from emergency services. Yet they have had a far easier time passing effective gun control while still addressing those concerns. My husband taught in an isolated logging town in BC was able to get a legal, registered rifle to protect the school kids from the occasional bear that wandered on campus.

So part of that cultural experience is how you interpret that cultural experience. Canadians and Americans have a fairly similar history of westward expansion/ settlement. But Canadians interpret that history in more communal ways-- emphasizing how pioneers banded together, formed societies, and worked collaboratively, whereas Americans will stress the "rugged individualism" aspect of that history. Both were true in both countries, but one gets emphasized more, which then influences your national identity.

Which, I would suggest, is why things like gun control (and universal health care) are so much easier to sell to Canadians than Americans-- because in both cases you're talking about giving up some degree of individual "freedoms" in order to serve the greater communal good.
 
Posted by saysay (# 6645) on :
 
quote:
Originally posted by Barnabas62:
And picking up on Gwai's point earlier, what is wrong for example with giving a higher policing priority than at present to illegal gun trafficking and possession of illegal firearms? That really shouldn't offend Second Amendment defenders and success along those lines would reduce exposure to risk.

I can see it would be difficult, probably dangerous, certainly costly and would need persistence to make and hold gains. The benefits would appear to outweigh that.

No, they don't. I'm guessing you don't know how much almost daily harassment many people receive because of police attempts to enforce existing gun laws.

The attempt to enforce both gun and drug laws are what is behind programs like stop-and-frisk, which disproportionately target and punish poor and minority groups.
 
Posted by Barnabas62 (# 9110) on :
 
Well there you go.

What about setting a future date and offering an amnesty for surrender of illegal weapons before that date? Processes like that have been tried in other countries with some success.

I don't think you're arguing that illegal gun possession is OK if you're poor or in a minority group. I don't see why systematic or random search procedures should have to focus on any particular group. That kind of defeats the object of the exercise. Which doesn't mean that racially-prejudiced law enforcers won't do that. That's part of the overall problem for sure.

Are you arguing that all police forces in the US are institutionally racist? I'm sure some are. That's been a problem in the UK as well.
 
Posted by saysay (# 6645) on :
 
quote:
Originally posted by Barnabas62:
Well there you go.

What about setting a future date and offering an amnesty for surrender of illegal weapons before that date? Processes like that have been tried in other countries with some success.

We go even further than that - we pay people (either in cash or with gift cards) to turn in weapons (legal or illegal). There are still a lot of them out there.

quote:
I don't think you're arguing that illegal gun possession is OK if you're poor or in a minority group. I don't see why systematic or random search procedures should have to focus on any particular group. That kind of defeats the object of the exercise. Which doesn't mean that racially-prejudiced law enforcers won't do that. That's part of the overall problem for sure.
No, I'm not arguing that illegal gun possession is OK if you're poor or in a minority group. Although I probably would argue that it's understandable, as the police cannot be relied upon to protect you from violence (and calling the police greatly increases the chance that you yourself will be the victim of police violence even if you're trying to report a crime).

But the fact of the matter is that illegal gun possession tends to happen more often among the poor and minorities precisely because one of the few things that precludes people from legally owning a gun is a prior conviction for a felony. Our drug laws are such that if you live in an area where you're regularly searched and you get caught with certain drugs, you wind up with a felony conviction (which also then prevents you from receiving most government benefits, such as welfare or healthcare or housing, not to mention making it more difficult to get a legitimate job). Thus it's entirely sensible for the police to target those communities when looking to target illegal gun ownership.

There's a lot of variety in gun laws - in some areas in order to own a gun you have to apply for a permit, which is almost impossible to get, while in others you basically have to have a pulse and the money to buy a gun. There are also a lot of rules about transporting guns across state lines, and a lot of differences in how strictly those rules are enforced.

None of which changes the fact that there are a hell of a lot of guns on the ground (both legal and illegal, both in the hands of the cops and in the hands of the criminals). IME, a lot of Europeans don't understand that changing the gun laws in the US at this point would simply criminalize a bunch of people but wouldn't necessarily solve a bunch of problems.

quote:
Are you arguing that all police forces in the US are institutionally racist? I'm sure some are. That's been a problem in the UK as well.
I've given up on saying the criminal justice system in the US is broken in ways that most people who live here and have no contact with it can't begin to understand.

I now think it works exactly as it was designed to work - in order to keep the arbitrary wealth and power of certain white people in their hands regardless of merit or how much they abuse that wealth and power.
 
Posted by Barnabas62 (# 9110) on :
 
So you see no possible peaceful way forward?
 
Posted by saysay (# 6645) on :
 
I can't answer that question. I need a lawyer to talk things like that. (And I can't afford a lawyer).
 
Posted by Barnabas62 (# 9110) on :
 
OK. I get that. Sorry seems a pretty inadequate word but I am genuinely sorry that you have to live with that. I'm just going to shut up for a while, reflect on that.
 
Posted by Byron (# 15532) on :
 
Barnabas62, fair points, and I'm happy to set aside the gun control tangent, which I know from elsewhere has a habit of taking over. [Smile]
quote:
Originally posted by saysay:
[...] I've given up on saying the criminal justice system in the US is broken in ways that most people who live here and have no contact with it can't begin to understand.

I now think it works exactly as it was designed to work - in order to keep the arbitrary wealth and power of certain white people in their hands regardless of merit or how much they abuse that wealth and power.

The U.S. systems (over 50) descend from English common law, designed to uniformly enforce the king's peace in the Middle Ages. Back then, the very concept of race would've been alien: racism as we know it was invented to justify the continued enslavement of Africans who converted to Christianity.

Overt racism like segregation and all-white juries of course corrupted some U.S. jurisdictions, but that's long been swept away: every time it comes up, the courts strike it down, like this SCOTUS ruling that banned race-based jury challenges.

Yes, obviously racism still corrupts much U.S. criminal justice, but we shouldn't underestimate the progress made, or view it as a design.
 
Posted by lilBuddha (# 14333) on :
 
Laws are made by those with power, therefore they will tend towards the interests of those with power.
People tend to favour those like themselves, therefore the people defined similarly to those with power will be flavoured.
People tend to care/notice most about that which affects, or possiblely affects themselves. All this means that people do not need to be actively oppressive for disadvantage to occur.
That we need anti-discrimination laws, how recent many of them are and that those laws are regularly referenced shows how far we need to go.
The administration of the legal system is often more an art than a science and far more interpretive than than often depicted. One can certainly weigh illegal factors without overtly appearing to. This is why sentences for minorities tend to be longer for the same crimes.
Active racism is bad, obviously. But passive racism is insidious by the nature of that passivity.
 
Posted by saysay (# 6645) on :
 
quote:
Originally posted by Byron:
Overt racism like segregation and all-white juries of course corrupted some U.S. jurisdictions, but that's long been swept away: every time it comes up, the courts strike it down, like this SCOTUS ruling that banned race-based jury challenges.

Yes, obviously racism still corrupts much U.S. criminal justice, but we shouldn't underestimate the progress made, or view it as a design.

I can't even... "Overt racism has long been swept away"... "racism still corrupts much U.S. criminal justice"...

Especially when trying to argue against someone who said earlier in the thread that the focus on race rather than systemic issues was misplaced...

Apparently it's not a problem that those in power deliberately try to keep those without power from even knowing the law (so we have to pay them large sums of money to tell us what it is) and then impose draconian punishments for disobeying the law (so we have to pay the state large sums of money because we didn't have the money to fix that code violation when it happened) while their children (at criming while white) are let off the hook with warnings for felonies because they're good kids who made a mistake and deliberately violated a law that they actually knew existed...

It really and truly can't be fixed, can it?
 
Posted by Horseman Bree (# 5290) on :
 
Two reasons why we know that frosty the Snowman was white summarises this quite well, IMHO.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by lilBuddha:
Laws are made by those with power, therefore they will tend towards the interests of those with power.

...

That we need anti-discrimination laws, how recent many of them are and that those laws are regularly referenced shows how far we need to go.

In fact the existence of anti-discrimination laws shows that your earlier sentence is not a complete description.

And white people fought for the end of slavery, even though they, as white people, faced no danger of being made slaves. The world is not entirely driven by self-interest.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by saysay:
Apparently it's not a problem that those in power deliberately try to keep those without power from even knowing the law (so we have to pay them large sums of money to tell us what it is)

Having very much devoted my professional life to the belief that law should be as available and understandable as possible, I would very much like you to expand on what you mean by this. I have some suspicion that what you mean by this is not what I would mean by it, but I would rather not assume.

[ 13. December 2014, 23:48: Message edited by: orfeo ]
 
Posted by Byron (# 15532) on :
 
quote:
Originally posted by saysay:
quote:
Originally posted by Byron:
Overt racism like segregation and all-white juries of course corrupted some U.S. jurisdictions, but that's long been swept away: every time it comes up, the courts strike it down, like this SCOTUS ruling that banned race-based jury challenges.

Yes, obviously racism still corrupts much U.S. criminal justice, but we shouldn't underestimate the progress made, or view it as a design.

I can't even... "Overt racism has long been swept away"... "racism still corrupts much U.S. criminal justice"...
Saysay, I'm sure you meant nothing by it, but in interests of clarity, if you bracket what I say in quote marks, can you please reproduce my words exactly, and flag any edits with an ellipsis? Thanks. [Smile]
quote:
Especially when trying to argue against someone who said earlier in the thread that the focus on race rather than systemic issues was misplaced...

Apparently it's not a problem that those in power deliberately try to keep those without power from even knowing the law (so we have to pay them large sums of money to tell us what it is) and then impose draconian punishments for disobeying the law (so we have to pay the state large sums of money because we didn't have the money to fix that code violation when it happened) while their children (at criming while white) are let off the hook with warnings for felonies because they're good kids who made a mistake and deliberately violated a law that they actually knew existed...

It really and truly can't be fixed, can it?

I've never denied the extent of racism, in society, or the justice system. What I dispute is the hopelessness in your posts. Things are a lot better than they were, and can be made better still. For example, new policies in Philly have slashed the number of police shootings.

There's many decent people working in the justice system, trying to make it better. There's no cause for nihilism.

quote:
Originally posted by orfeo:
quote:
Originally posted by saysay:
Apparently it's not a problem that those in power deliberately try to keep those without power from even knowing the law (so we have to pay them large sums of money to tell us what it is)

Having very much devoted my professional life to the belief that law should be as available and understandable as possible, I would very much like you to expand on what you mean by this. I have some suspicion that what you mean by this is not what I would mean by it, but I would rather not assume.
I'm also interested in this. Laws a typically posted up online, and in any case, are published. Many examples available in this thread.

Which laws are being hidden, and by whom?
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by orfeo:
quote:
Originally posted by lilBuddha:
Laws are made by those with power, therefore they will tend towards the interests of those with power.

...

That we need anti-discrimination laws, how recent many of them are and that those laws are regularly referenced shows how far we need to go.

In fact the existence of anti-discrimination laws shows that your earlier sentence is not a complete description.

And white people fought for the end of slavery, even though they, as white people, faced no danger of being made slaves. The world is not entirely driven by self-interest.

That underscores earlier point that white people need to be part of the solution now as then. The problem now is that discrimination is a bit less overt and easier to dismiss.
 
Posted by orfeo (# 13878) on :
 
Well, yes, that I'd agree with.

I'm assuming that all of the USA now has anti-discrimination laws for race? I know that many of the states don't have one for sexuality yet, but race and sex are usually the first ones to be introduced.

[ 14. December 2014, 04:59: Message edited by: orfeo ]
 
Posted by Byron (# 15532) on :
 
The Civil Rights Act was passed by Congress in 1964, and outlaws discrimination on grounds of race, gender, origin or religion. States also have their own laws.
 
Posted by Barnabas62 (# 9110) on :
 
It is important to inspect the effects of laws, and to do so by agreed criteria. Otherwise you are bound to get the "two stories" impact on implementation which we've seen throughout this thread.

Passing laws does not change the hearts and minds of those they affect. People can remain justified in their views in opposition to the new laws. That's how racism makes the journey from overt to covert. And that's why, difficult though it may be, we need means to look at the long term effects. It's not what you expect that counts, but what you inspect.

I guess the other point that occurred to me after reflecting on the short dialogue with saysay (which moved me a lot) was this one. Issues of racism do get mixed up with other prejudices, such as the poor are feckless, self-reliance is enough. Members of any people group can be put down for all sorts of reasons by those who think that people group is inferior by nature or upbringing, and therefore more inclined to be antisocial. It is easy to overlook what external pressures generate anger and despair. It is not wise to do so.

It used to be said that the quality of any democratic society can be measured by its degree of care for the poor, the disadvantaged and the minorities within it. Some folks seem to read that and smell "socialism" and "nannying", see something bad or self-defeating. That is also a prejudice. Better to listen and reflect on the stories which are coming out, consider what might help to improve things.
 
Posted by Enoch (# 14322) on :
 
quote:
Originally posted by lilBuddha:
... "Frontier towns" ceased to exist in the British Isles long before. ...

"Frontier towns" in that sense have never existed in the British Isles. They have been continuously settled since human beings moved northwards as the ice withdrew at the end of the Ice Age.
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by Enoch:
quote:
Originally posted by lilBuddha:
... "Frontier towns" ceased to exist in the British Isles long before. ...

"Frontier towns" in that sense have never existed in the British Isles. They have been continuously settled since human beings moved northwards as the ice withdrew at the end of the Ice Age.
And America has been continuously settled for more than 14,000 years.
One group of people establishing a settlement in the territory of the previous occupiers and needing to protect themselves never happened in the British Isles? I am gravely disappointed in those who taught me otherwise and in the books they referenced. And in the archaeologists and historians who wrote those books.
 
Posted by Porridge (# 15405) on :
 
quote:
Originally posted by orfeo:
Well, yes, that I'd agree with.

I'm assuming that all of the USA now has anti-discrimination laws for race? I know that many of the states don't have one for sexuality yet, but race and sex are usually the first ones to be introduced.

Right, the law is there. But here's a too-common reality (not claiming this is universal, but it does happen, and it happens pretty often):

A black apartment-hunter is told the apartment s/he is asking about has already been rented, then notices an ad for the same apartment the following week. Has she been discriminated against? Maybe. What can she do about it?

She's apartment-hunting, which means she has both time- and money-pressures. She's probably operating on a deadline; her current lease is running out. She's purging, sorting, packing; she's lining up help for the move. If she has kids, she may also be switching them out of schools or day care. Can she take time out to find a lawyer willing to take this case, given that such cases can be hard to win? Does she have money to pay that lawyer? Does she have the stamina to see this action through the several months or even years it will probably take to reach a conclusion? Is she willing to do all this in the face of a possible, even probable, negative outcome (discrimination is not easy to prove) which in some situations could leave her liable for the landlord's court costs?

I'm not saying the law is of no use; it's a vital foundation. But it also takes resources many people haven't got in order to use it. And to be effective in forestalling, discouraging, eliminating discrimination, a court decision needs to have cases which tick the "right" boxes.

And you are also right about the cases of Brown and Garner: yes, they were unarmed black men, killed at the hands of white police. But neither guy, however much their families loved them, was a model citizen. These cases do not tick the right boxes.

However, I'd submit that systemic racism probably does play some role in the illegal activities which preceded their deaths. That may be a separate discussion, though.
 
Posted by lilBuddha (# 14333) on :
 
I'm not certain it is a separate issue. The economic factors which feed crime are massively influenced by the same racism which fuels police mistreatment. Everywhere, but especially in America.
 
Posted by Leorning Cniht (# 17564) on :
 
quote:
Originally posted by lilBuddha:
I'm not certain it is a separate issue. The economic factors which feed crime are massively influenced by the same racism which fuels police mistreatment. Everywhere, but especially in America.

Sure, but the economic factors have a time-lag.

Let's say that with one wave of the "don't be an asshole" wand, I could eradicate racism and racial prejudice in America today. We'd still start tomorrow with all the same socio-economic factors: the poorest urban communities would still be mostly black, so black people would suffer more from crime-ridden neighbourhoods, even though there was no active racism.

Fixing the socio-economic legacy of racism will take generations.
 
Posted by lilBuddha (# 14333) on :
 
I completely agree, LC, and have had that argument here one this site.
 
Posted by Porridge (# 15405) on :
 
quote:
Originally posted by lilBuddha:
I'm not certain it is a separate issue. The economic factors which feed crime are massively influenced by the same racism which fuels police mistreatment. Everywhere, but especially in America.

I agree it's not a separate issue. It is, as Leorning Cnight (sorry; can't spell) notes, a much more complicated, and therefore perhaps separate, discussion.
 
Posted by saysay (# 6645) on :
 
quote:
Originally posted by Byron:
There's many decent people working in the justice system, trying to make it better. There's no cause for nihilism.

Oddly enough, when talking to real people who are planning community action to try to solve some of these problems I feel a sense of hope.

It's when I come on the Ship and read what you've written that I feel a sense of utter despair.

Perhaps you just remind me of someone and it rubs me the wrong way.
quote:


quote:
Originally posted by orfeo:
quote:
Originally posted by saysay:
Apparently it's not a problem that those in power deliberately try to keep those without power from even knowing the law (so we have to pay them large sums of money to tell us what it is)

Having very much devoted my professional life to the belief that law should be as available and understandable as possible, I would very much like you to expand on what you mean by this. I have some suspicion that what you mean by this is not what I would mean by it, but I would rather not assume.
I'm also interested in this. Laws a typically posted up online, and in any case, are published. Many examples available in this thread.

Which laws are being hidden, and by whom?

All right, that was an exaggeration. However, there is the reality that even when the laws are published online, you have to have both a computer and high speed internet access (not to mention the desire to find out the laws) in order to access them.

Sure, they're published somewhere, but where can the average person get access to them?

They tell you that you're allowed to defend yourself against the charges, but when they throw you in prison on, say, a charge of harassment, they don't tell you what the law you're accused of violating actually say, and without someone outside the prison on your side who is able and willing to look that information up, you'll never know.

Furthermore, even if they tell you the text of the law (harassment means that "(1) That person insults, taunts or challenges another person or engages in any other course of alarming or distressing conduct which serves no legitimate purpose and is in a manner which the person knows is likely to provoke a violent or disorderly response or cause a reasonable person to suffer fear, alarm, or distress;") that law still has to be interpreted by people and they won't tell you how on earth they're justifying how 'mean mugging' (having a certain look on your face) would cause a reasonable person fear, alarm, or distress etc. etc.

And so it goes.

[resolved code/quote attribution nightmare. I think.]

[ 14. December 2014, 21:06: Message edited by: Eutychus ]
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by Porridge:
quote:
Originally posted by orfeo:
Well, yes, that I'd agree with.

I'm assuming that all of the USA now has anti-discrimination laws for race? I know that many of the states don't have one for sexuality yet, but race and sex are usually the first ones to be introduced.

Right, the law is there. But here's a too-common reality (not claiming this is universal, but it does happen, and it happens pretty often):

A black apartment-hunter is told the apartment s/he is asking about has already been rented, then notices an ad for the same apartment the following week. Has she been discriminated against? Maybe. What can she do about it?

She's apartment-hunting, which means she has both time- and money-pressures. She's probably operating on a deadline; her current lease is running out. She's purging, sorting, packing; she's lining up help for the move. If she has kids, she may also be switching them out of schools or day care. Can she take time out to find a lawyer willing to take this case, given that such cases can be hard to win? Does she have money to pay that lawyer? Does she have the stamina to see this action through the several months or even years it will probably take to reach a conclusion? Is she willing to do all this in the face of a possible, even probable, negative outcome (discrimination is not easy to prove) which in some situations could leave her liable for the landlord's court costs?

I'm not saying the law is of no use; it's a vital foundation. But it also takes resources many people haven't got in order to use it. And to be effective in forestalling, discouraging, eliminating discrimination, a court decision needs to have cases which tick the "right" boxes.

This is all true (as are the points that saysay made). And not just for black people. Working with the law is generally far more complicated and difficult than it ought to be.

Although I would make a note about one thing you mentioned, which is cost: I know that here in Australia some of the major areas of law that people would want to use, including anti-discrimination law, have been moved out of the courts and into other bodies and with rules that ensure you don't have to pay the other side's costs. And in the tribunal I used to work in, for example, most of the more 'personal' types of matters had no application fee.

The downside (and for us it's a constitutionally enforced downside) is that if someone flouts the decision of one of these other bodies, you still have to go to court for enforcement/punishment, but it doesn't often come to that.
 
Posted by orfeo (# 13878) on :
 
There is a limit, I think, to the extent to which you can make the law simpler without making it unfair in other ways. Most of the things like exceptions and defences and burdens of proof exist for pretty good reasons.

What can be done a lot better, though, is explaining the law and making it understandable to the people it affects. Personally I do my best (I've just been involved in a project that has cut the size of a long-winded law in half), but I'm probably still too 'lawyerly' at times. I've seen some examples of really, really radical rewriting of rules to put them in simple language.

And yeah, sometimes you might lose just a little bit of 'nuance' while doing that, but depending on the audience that might be less important. Even if the law itself isn't as simple as possible, there should be other explanatory materials available to people to get the thrust of the law across. In fact, I'm well aware that most of the laws I write don't get read anywhere near as regularly as the summaries and cheat sheets that get created afterwards.

[ 14. December 2014, 21:20: Message edited by: orfeo ]
 
Posted by lilBuddha (# 14333) on :
 
As society has changed, the application of law has changed. The police, the prosecutors, the judges and the juries are filled by people from society. Society needs to continue to change.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by Porridge:
And you are also right about the cases of Brown and Garner: yes, they were unarmed black men, killed at the hands of white police. But neither guy, however much their families loved them, was a model citizen. These cases do not tick the right boxes.

However, I'd submit that systemic racism probably does play some role in the illegal activities which preceded their deaths. That may be a separate discussion, though.

I wouldn't lump the 2 cases together at all, in terms of what the 2 victims were doing before they died. The similarities are minimal. That is the position I've been trying to convey, in various ways, for quite some time.

[ 14. December 2014, 21:28: Message edited by: orfeo ]
 
Posted by Byron (# 15532) on :
 
quote:
Originally posted by saysay:
Oddly enough, when talking to real people who are planning community action to try to solve some of these problems I feel a sense of hope.

It's when I come on the Ship and read what you've written that I feel a sense of utter despair.

Perhaps you just remind me of someone and it rubs me the wrong way. [...]

Perhaps so.

What is it I've said that makes you despair? Tone? Position? Both? How should I change it? As I want to get my point across best I can, I'd genuinely appreciate the feedback.
 
Posted by Byron (# 15532) on :
 
quote:
Originally posted by orfeo:
There is a limit, I think, to the extent to which you can make the law simpler without making it unfair in other ways. Most of the things like exceptions and defences and burdens of proof exist for pretty good reasons.

What can be done a lot better, though, is explaining the law and making it understandable to the people it affects. Personally I do my best (I've just been involved in a project that has cut the size of a long-winded law in half), but I'm probably still too 'lawyerly' at times. I've seen some examples of really, really radical rewriting of rules to put them in simple language.

And yeah, sometimes you might lose just a little bit of 'nuance' while doing that, but depending on the audience that might be less important. Even if the law itself isn't as simple as possible, there should be other explanatory materials available to people to get the thrust of the law across. In fact, I'm well aware that most of the laws I write don't get read anywhere near as regularly as the summaries and cheat sheets that get created afterwards.

Very well said.

I see where saysay's coming from, but even in the worst case scenario, don't think the picture's that bleak. If you refuse to waive reading, charges are read out at arraignment. Sure, it'll piss everyone off, but you'll get the info you need. Jail libraries should have copies of laws and/or internet access. If they don't, even the most incompetent public defender ought to be able to produce a copy of the law you're accused of violating. If they refuse, it'd be grounds to see a judge and get replacement counsel, and the court can give you a copy of the information/indictment. If the worst comes to the worst, on a simple harassment charge, you can go pro se and represent yourself.
 
Posted by Porridge (# 15405) on :
 
quote:
Originally posted by Byron:
. . . Jail libraries should have copies of laws and/or internet access. If they don't, even the most incompetent public defender ought to be able to produce a copy of the law you're accused of violating. If they refuse, it'd be grounds to see a judge and get replacement counsel, and the court can give you a copy of the information/indictment. If the worst comes to the worst, on a simple harassment charge, you can go pro se and represent yourself.

Our public defender system is pretty much overwhelmed in most parts of this country. Competent or not, few of these lawyers have time to do a whole lot more than show up a little before the trial-hearing-arraignment-whatever, meet the defendant for the first time, and suggest a plea deal that might cut time off whatever sentence the prosecution is going for. The possible innocence of the person facing charges can sometimes be a lesser consideration than the ability of the PD's office to scrape up a warm body who's passed the bar for the actual trial.
 
Posted by Byron (# 15532) on :
 
Porridge, I couldn't agree more about the system's shortcomings (although it's really variable, there's many superb PDs), but it's not hopeless.

A serious unintended consequence of professionalization is that poor defendants are disempowered. If you look at, say, England's Old Bailey proceedings, you can find countless examples of laypeople defending themselves against serious felony charges and winning. There's weren't educated folk, either, they were often illiterate and indigent, but they prevailed, 'cause the system was set up with lay advocacy in mind (for both prosecution and defense).

I'm not suggesting it go back to that (well, maybe the wigs around Halloween [Biased] ), but people should be empowered as much as possible. Switching from PDs to a bursary for attorney's fees, and courses in self-representation for minor charges, are all possible reforms, as is mandatory pro bono work to stay licensed.
 
Posted by Byron (# 15532) on :
 
Just to add a down-to-earth postscript to the above:-

Incompetence aside, a reason world-weary PDs spend so much of their time on the production line cutting deals is 'cause their clients have no viable defense. They're guilty as sin and they know it. They bought the drugs in the buy n bust; they beat their partner silly and the prosecutor has the photos to prove it; they robbed the liquor store and there's video of them doing it. And, when it comes to sentencing, they've a rap sheet that'd stretch around the block and back in the courthouse door. Conviction's a foregone conclusion, a deal the best outcome possible.

Obviously it's shocking for an innocent person to get caught up in this, but it's hard to blame a PD from getting worn down. The best get a kick out of zealously representing their clients, while knowing when to fold. They might even believe in justice, still.
 
Posted by lilBuddha (# 14333) on :
 
Hmmmm. Guilt is not one of the problems mentioned here.
And it is not just innocence or guilt, but length of sentence.
 
Posted by Byron (# 15532) on :
 
No, guilt or innocence isn't mentioned in the link (great points, BTW, agree with 'em all), but it's a major factor when it comes to how PDs do their job.

Even a paragon will advise, say, a gangbanger caught buying crystal meth to take a deal. To fight an unwinnable trial wouldn't be acting in their best interests. In that circumstance, yup, it's about sentencing, which a plea bargain mitigates. Cutting a deal is the best outcome.
 
Posted by Moo (# 107) on :
 
I just came across this article which summarizes statistics on the rate at which people of different races are killed by police of different races.

It was an eye-opener for me.

Moo
 
Posted by orfeo (# 13878) on :
 
Ah, but see, when a white person kills another white person, or a black person kills another black person, that isn't news.

Confirmation bias is rampant when it comes to all sorts of events, because something is far more likely to become a news item when it supports a meme already present. Sensational crimes are used to reinforce that crime is going up (it often isn't, but a lack of crime is most certainly not very newsworthy). Crimes with a racial angle are more interesting than crimes without one. Crimes with a religious angle are more interesting than those without one.

Heck, crimes committed by people who are atypical, whether it be bandits wearing cartoon masks or 65-year-old grandmothers, are more 'newsworthy' than ordinary behaviour. And the same goes for any kind of incident. It is actually being atypical that is more likely to get you media coverage.

This is one reason I find the use of high-profile cases as emblems of wider causes to be a significant problem. It's clear that a black person remains dead regardless of the race of the person who killed them, or for that matter the profession of the person who killed them. And plenty of black people get killed in other circumstances besides death by white cop. But it's very, very rare for anyone to actually stop and ask statistical questions like the one that article deals with. People don't ask questions like whether white people are actually more likely to be the killer, or whether cops are causing a disproportionate number of deaths.

It reminds me somewhat of the housing insulation scandal here a few years back. The government, as part of the response to the global financial crisis, rolled out a program of installing housing insulation. The industry boomed. There were undoubtedly some issues with the program, however the BIG focus became the fact that 4 people died in the course of installing insulation. What was hidden in the outrage was evidence that this was a lower rate of workplace death than had occurred previously.
 
Posted by Barnabas62 (# 9110) on :
 
More prosaically, Moo's link also other demonstrates another issue which bothers me. The stats are old. I'd say there was a clear public interest in monitoring such data, keeping it up to date, as a way of responding to any tendencies to confirmation bias which may be around.
 
Posted by Porridge (# 15405) on :
 
quote:
Originally posted by Barnabas62:
More prosaically, Moo's link also other demonstrates another issue which bothers me. The stats are old. I'd say there was a clear public interest in monitoring such data, keeping it up to date, as a way of responding to any tendencies to confirmation bias which may be around.

The antiquity of the statistics is far from the only problem; I can't see any indication of an attempt to factor in the ratio of blacks to whites in the general population, or of the ratio of black to white police officers. It also fails to mention widespread efforts from a few decades ago to assign black officers to black neighborhoods, which would likely push black-officer - black victim shooting stats a bit higher.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by Porridge:
I can't see any indication of an attempt to factor in the ratio of blacks to whites in the general population, or of the ratio of black to white police officers.

What? It clearly does this. This is the entire point of stats that are rates rather than absolute numbers. Not only that, but there are explicit figures indicating the percentage of black police officers compared to the percentage of deaths caused by black police officers.

As for the age of the stats, I've seen various comments on this thread suggesting that racism is improving over time, however slightly. The only way the age of these statistics negates their relevance to this conversation is if that proposition is abandoned in favour of an assertion that things are worse now.

[ 15. December 2014, 13:00: Message edited by: orfeo ]
 
Posted by orfeo (# 13878) on :
 
Honestly, Porridge, look at the very first statistic:

quote:
The black-officer-kills-black-felon rate is 32 per 100,000 black officers in 1998, which is higher than the white-officer-kills-black-felon rate of 14 per 100,000 white officers.
How you can say "I can't see an attempt to factor in the number of black police officers" is utterly beyond me. This is as explicit an attempt to adjust for the number of police officers of each race as it is possible to get.

If there 8 times as many white police officers as black, but white police officers kill 4 times as many black felons as black police officers do, the truth is that black police officers are killing black felons twice as frequently on a per-officer basis or on a per 100,000 officer basis. That's pretty much the kind of thing these stats are telling you. The same number of black police officers killed black felons a bit more than twice as often.

[ 15. December 2014, 13:12: Message edited by: orfeo ]
 
Posted by Barnabas62 (# 9110) on :
 
orfeo, there's no point in "better or worse" propositions; rather regularly updated measures based on proper record keeping actually tell you something specific about whether things are getting better or worse.
 
Posted by Eutychus (# 3081) on :
 
The latest edition of The Economist includes details of a survey designed to measure trigger-happy US police departments by plotting the number of police shootings against the number of murders in a city. Losers are Riverside, San Diego and Sacramento (CA) and Tucson and Phoenix (AZ).
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by Barnabas62:
orfeo, there's no point in "better or worse" propositions; rather regularly updated measures based on proper record keeping actually tell you something specific about whether things are getting better or worse.

But we're in the nebulous area of racism, and the perception of racism. How exactly do you keep records of it when so much is based not on just the occurrence of an event, but people's conclusion about the cause of the event? Did I not get the job because I was black, or did I not get the job because I wasn't the best person for the job? The individual fact is simply that I didn't get the job. The statistical question is whether being black decreased my chances of getting the job, but even if race was eliminated as a statistical factor that wouldn't mean the individual outcome would change. And I still might BLAME racism and decide it was why I didn't get the job.

That's the problem. It matters hugely what people's perceptions are. People aren't rioting or protesting because of statistics. Frankly I doubt the rioting or protesting would stop if people were given statistics and educated about what they mean. Black people are still going to die at the hands of white police officers from time to time unless the entire population is racially segregated and no white police officer ever goes near a black person.

I would bet, by the way, that the statistics continue to be available if only someone would make the effort to collate them. You would imagine that every case of police homicide is reported and recorded in some fashion. The issue is whether anyone cares enough about collating the facts and figures to generate new (and ongoing) reports similar to that one in 2001.

[ 15. December 2014, 13:44: Message edited by: orfeo ]
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by Eutychus:
The latest edition of The Economist includes details of a survey designed to measure trigger-happy US police departments by plotting the number of police shootings against the number of murders in a city. Losers are Riverside, San Diego and Sacramento (CA) and Tucson and Phoenix (AZ).

It's not entirely obvious why murders would be a sensible measure. For starters, a police department that has been successful in reducing crime rates would be penalised. Conversely, failing to stop a serial killer would improve your stats.

Surely, a better measure would be police shootings per police call-out incidents, or police shootings per head of population.

[ 15. December 2014, 13:51: Message edited by: orfeo ]
 
Posted by orfeo (# 13878) on :
 
PS Or, of course, police shootings per police.
 
Posted by Barnabas62 (# 9110) on :
 
Prejudices are not necessarily permanent, orfeo. Good information can sometimes help to dispel them. And it can also advise policy makers of issues of inequity to be addressed.

At any rate, it's better to look than pander to propositions for which there is no evidence.
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by Porridge:
It also fails to mention widespread efforts from a few decades ago to assign black officers to black neighborhoods, which would likely push black-officer - black victim shooting stats a bit higher.

Why are you guys missing this bit of Porridges post? This popped out to me as well when I read the blog. The American Thinker did not think very hard.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by lilBuddha:
quote:
Originally posted by Porridge:
It also fails to mention widespread efforts from a few decades ago to assign black officers to black neighborhoods, which would likely push black-officer - black victim shooting stats a bit higher.

Why are you guys missing this bit of Porridges post? This popped out to me as well when I read the blog. The American Thinker did not think very hard.
I'm not missing it. I'm trying to analyse its relevance, as it's not completely obvious. Because it's not only black officers tending to kill black victims, it's white officers tending to kill white victims, and it's overall very little difference in the propensity of officers of either race (black officers overall killed slightly more often).

If the claim is that white officers would have killed blacks more often, if only they'd had the chance, then it's an extremely questionable claim.

[ 15. December 2014, 14:54: Message edited by: orfeo ]
 
Posted by Gwai (# 11076) on :
 
If African-American officers are posted in the areas of town where there are more African-Americans, they are generally posted to the poorer and thus more dangerous areas. They are more likely to shoot someone period, and not just more likely to shoot an African-American. They are more likely to have a dangerous conflict, and the white officers are less likely to shoot anyone. I'd like to see whether those numbers have shootings per officer and not just shootings of variously colored people.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by Gwai:
I'd like to see whether those numbers have shootings per officer and not just shootings of variously colored people.

44 per 100,000 black police officers, 42 per 100,000 white police officers.

Does it really matter WHY white police officers aren't shooting more people (of any colour)? If in fact they're not, then the perception that white police officers are tending to kill blacks is simply wrong. EVEN IF THE REASON IT'S WRONG is because white police officers aren't around black people very much, it's still wrong.

[ 15. December 2014, 15:07: Message edited by: orfeo ]
 
Posted by lilBuddha (# 14333) on :
 
Orfeo,

You are confusing me. Why doesn't the why matter?
When trying to identify a problem, all of that matters.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by lilBuddha:
Orfeo,

You are confusing me. Why doesn't the why matter?
When trying to identify a problem, all of that matters.

No. When trying to SOLVE a problem, all of that matters.

If it's shown the problem doesn't actually exist, then the precise reason why it doesn't exist isn't relevant. A problem that doesn't exist doesn't need to be solved.

Unless, of course, you're trying to sell tiger repellent and want to emphasise that the reason there are no tigers in the city is because your repellent works.
 
Posted by lilBuddha (# 14333) on :
 
So the solution then garnered from that bare statistic would be to put white officers in charge of black people.
We've tried that, in the UK, America and Australia.
It hasn't worked well either.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by lilBuddha:
So the solution then garnered from that bare statistic would be to put white officers in charge of black people.

No. NO.

The solution to WHAT? What would you be trying to solve by doing that?

[ 15. December 2014, 16:11: Message edited by: orfeo ]
 
Posted by orfeo (# 13878) on :
 
Really, you're responding to the revelation that there isn't a problem with tigers killing people in the city centre (and hence no need for a tiger repellent), and that actually people are far more likely to be killed in the city centre by motor vehicles, by declaring that the solution is to import some tigers. It just doesn't follow.

Are you trying to reduce deaths by tigers? Are you trying to reduce deaths by motor vehicles? Are you trying to increase the average height of trees?

You can't just wave around solutions without knowing which problems they attach to or without caring whether the problems they could solve actually exist.

[ 15. December 2014, 16:27: Message edited by: orfeo ]
 
Posted by Gwai (# 11076) on :
 
quote:
Originally posted by orfeo:
quote:
Originally posted by Gwai:
I'd like to see whether those numbers have shootings per officer and not just shootings of variously colored people.

44 per 100,000 black police officers, 42 per 100,000 white police officers.

Does it really matter WHY white police officers aren't shooting more people (of any colour)? If in fact they're not, then the perception that white police officers are tending to kill blacks is simply wrong. EVEN IF THE REASON IT'S WRONG is because white police officers aren't around black people very much, it's still wrong.

It matters why white officers shoot fewer people, for one thing because that helps us evaluate the statistics. If the statistics said that black officers shoot 39 times as many people, we would know that there was something else going on, for instance. Also, I'm assuming that our end goal is to lower the number of people shot (without drastically increasing the number of police officers killed, of course.)
However more importantly it evaluates whether that statistic does imply a lack of racism. If white officers see significantly fewer black people (and black criminals) than black officers do then we cannot immediately use those numbers to show that white officers are not racist. It seems quite probable to me that white officers shoot proportionally more black people per interaction they have with black people.
 
Posted by lilBuddha (# 14333) on :
 
From the study linked with The American Thinker's report.

quote:
Nonchance factors
have an effect as well. An obvious one is the
policy that police departments may have for
assigning officers to particular neighborhoods.
A common policy is to assign black officers to
black neighborhoods. Consequently, it might be
expected that, when a black officer kills a
felon, there is a high likelihood that the
felon is also black. In line with that
expectation, national statistics indicate that
most of the felons killed by black officers are
themselves black.


 
Posted by lilBuddha (# 14333) on :
 
BTW, Ann Coulter is a contributor to the American Thinker, so...
 
Posted by Chesterbelloc (# 3128) on :
 
quote:
Originally posted by lilBuddha:
BTW, Ann Coulter is a contributor to the American Thinker, so...

... what?
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by Chesterbelloc:
quote:
Originally posted by lilBuddha:
BTW, Ann Coulter is a contributor to the American Thinker, so...

... what?
Ann Coulter is insane. If one wishes for points from the conservative spectrum, there are plenty who are not batshit crazy.
A publication which includes her may not be selecting for accuracy or reason.
 
Posted by Chesterbelloc (# 3128) on :
 
Right. May not. Your emphasis. My point.

Always best, I find, to tackle any article on its own merits rather than on where it appears. It's too convenient a tactic to discredit an article whose point seems well made but which discomfits one simply on the grounds that it appears on a site which features other writers disagreeable to oneself.

Any given thing's not necessarily batshit just because it was found where bats have been known to poop.
 
Posted by lilBuddha (# 14333) on :
 
I think I am tackling the article on it own merits. Like several other posters, I think the stats listed in the blog are not telling the story they claim to be. The study the blog uses source mentions other potential factors, though it does not attempt to explore them.
 
Posted by Palimpsest (# 16772) on :
 
quote:
Originally posted by orfeo:
I would bet, by the way, that the statistics continue to be available if only someone would make the effort to collate them. You would imagine that every case of police homicide is reported and recorded in some fashion. The issue is whether anyone cares enough about collating the facts and figures to generate new (and ongoing) reports similar to that one in 2001.

You'd lose your bet.
Race and Police Shooting
points out
quote:
By the F.B.I.’s figures, there were between 378 and 414 police homicides in the five years ending in 2012, the most recent year available. Those numbers, however, include only justifiable homicides without reference to race; mistaken or unjustified killings are not reported. Years of academic research indicate that the actual total is considerably higher.
The statistics significantly under report police caused homicides because they are an aggregation of local statistics reports which frequently under report Police shootings as homicides. It's that confirmation bias you're talking about. Academics have tried to produce better statistics but to date can only provide the conclusion of under reporting. If people have an expectation that there's racial bias, waving obviously flawed statistics in their face and telling them they're wrong isn't going to convince them.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by Gwai:
Also, I'm assuming that our end goal is to lower the number of people shot (without drastically increasing the number of police officers killed, of course.)

Well then, if that's our goal (and I think it's an excellent goal), I would argue society should be asking questions about police shootings that don't exclude a very sizable chunk of police shootings by only looking at those where a white office shoots a black victim and ignoring white-shoots-white (undoubtedly larger, in absolute terms), black-shoots-black and black-shoots-white.

In all seriousness: when is the last time a death at the hands of police became a major media event when it wasn't a black death? When is the last time a death at the hands of police became a major media event when the police weren't white?

It is highly probable that more white people die at the hands of police than black just because white people are a larger population. Even if black people die at a higher rate, in terms of opportunities for news stories there should be plenty of tales of white people being killed by police.

So where are those stories? Why aren't we talking about them? Why aren't we concerned about them?

The problem of people dying at the hands of police is not the same problem as black people dying at the hands of white police, and it's not going to have the same solution. As long as people continue to insist on wanting to talk about how to solve black deaths from racist police (and I note that the desire to cling onto THAT being the problem is fascinatingly strong - you're pretty much the only responder to suggest that it's just fine if we stop talking about race and get more general about it), they are not going to be talking about how, in general, to reduce the overall death count. They are going to keep focusing on trying to reduce an aberration in the death count.

Take, for example, talk about increasing the proportion of black police officers. This is going to do precisely nothing if in fact black police officers are no less likely to kill people than white police officers. Besides, I'm now being told that blacks already police blacks as much as possible!
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by lilBuddha:
From the study linked with The American Thinker's report.

quote:
Nonchance factors
have an effect as well. An obvious one is the
policy that police departments may have for
assigning officers to particular neighborhoods.
A common policy is to assign black officers to
black neighborhoods. Consequently, it might be
expected that, when a black officer kills a
felon, there is a high likelihood that the
felon is also black. In line with that
expectation, national statistics indicate that
most of the felons killed by black officers are
themselves black.


Yes. And?

Do you not see how this should mean there are large protests about the senseless death of black people at the hands of black police officers?

I repeat: it doesn't really matter why white police officers aren't killing black people very often. If in fact they're not, then trying to solve white police killing blacks is trying to solve a problem that doesn't actually exist.

And it doesn't mean that black police are being racist towards blacks. It means that police of either race are tending to kill their own race because that's who they tend to come in contact with. That's the point.

[ 15. December 2014, 21:10: Message edited by: orfeo ]
 
Posted by Moo (# 107) on :
 
quote:
Originally posted by lilBuddha:
If one wishes for points from the conservative spectrum, there are plenty who are not batshit crazy.
A publication which includes her may not be selecting for accuracy or reason.

The statistics in the American Thinker article come from this US Department of Justice report. I considered linking directly to the DOJ report, but the American Thinker article presented the information more concisely.

Moo
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by orfeo:
In all seriousness: when is the last time a death at the hands of police became a major media event when it wasn't a black death? When is the last time a death at the hands of police became a major media event when the police weren't white?

It's possible that's because when police kill someone like Kelly Thomas people are at least willing to entertain the notion that the police may have over-reacted, to the extent that a full trial is warranted. When someone like Michael Brown or Eric Garner dies at the hands of police there's usually a shrug and an explanation as to why they had it coming anyway. Why is there "a major media event" when a white cop kills an unarmed black civilian? Because that's what it takes to get even a minimal investigation.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by Palimpsest:
quote:
Originally posted by orfeo:
I would bet, by the way, that the statistics continue to be available if only someone would make the effort to collate them. You would imagine that every case of police homicide is reported and recorded in some fashion. The issue is whether anyone cares enough about collating the facts and figures to generate new (and ongoing) reports similar to that one in 2001.

You'd lose your bet.
Race and Police Shooting
points out
quote:
By the F.B.I.’s figures, there were between 378 and 414 police homicides in the five years ending in 2012, the most recent year available. Those numbers, however, include only justifiable homicides without reference to race; mistaken or unjustified killings are not reported. Years of academic research indicate that the actual total is considerably higher.
The statistics significantly under report police caused homicides because they are an aggregation of local statistics reports which frequently under report Police shootings as homicides. It's that confirmation bias you're talking about. Academics have tried to produce better statistics but to date can only provide the conclusion of under reporting. If people have an expectation that there's racial bias, waving obviously flawed statistics in their face and telling them they're wrong isn't going to convince them.

I think you're either misunderstanding what I'm saying or making an unwarranted assumption that the post-2001 data is somehow different from, or worse than, the data from the 80s and 90s used in that report. Nothing in that article supports such
an assumption. Nothing in that article suggests that we used to have data that was immune from any criticism but that the situation is deteriorated.

The fact is that for any given shooting, if you have the ID of the officer and the victim you have the necessary data for the racial profile. You might well argue that the data isn't complete in that it doesn't include all shootings, but if data exists for shootings then it's possible to look for trends in those shootings for which data exists. That is what happened in 2001, and I don't see why it could happen now.

I also note that that article at least raises doubt, again, whether the existing stats (however flawed) support the idea that white cops target black victims. In fact it suggests they try NOT to target black victims because they know how it will look.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by Crœsos:
quote:
Originally posted by orfeo:
In all seriousness: when is the last time a death at the hands of police became a major media event when it wasn't a black death? When is the last time a death at the hands of police became a major media event when the police weren't white?

It's possible that's because when police kill someone like Kelly Thomas people are at least willing to entertain the notion that the police may have over-reacted, to the extent that a full trial is warranted. When someone like Michael Brown or Eric Garner dies at the hands of police there's usually a shrug and an explanation as to why they had it coming anyway. Why is there "a major media event" when a white cop kills an unarmed black civilian? Because that's what it takes to get even a minimal investigation.
I've yet to see a single remark that Eric Garner "had it coming anyway". Anywhere.

I refuse to lump his death in with Michael Brown's death just because of the relatively similar colour of their skin.
 
Posted by orfeo (# 13878) on :
 
I also wish you would stop throwing the word "unarmed" around as if it were a synonym for "harmless".
 
Posted by saysay (# 6645) on :
 
quote:
Originally posted by Byron:
I see where saysay's coming from, but even in the worst case scenario, don't think the picture's that bleak. If you refuse to waive reading, charges are read out at arraignment. Sure, it'll piss everyone off, but you'll get the info you need. Jail libraries should have copies of laws and/or internet access. If they don't, even the most incompetent public defender ought to be able to produce a copy of the law you're accused of violating. If they refuse, it'd be grounds to see a judge and get replacement counsel, and the court can give you a copy of the information/indictment. If the worst comes to the worst, on a simple harassment charge, you can go pro se and represent yourself.

And this is what makes me want to give up in utter despair. Most jails and prisons don't have law books or internet access. The actual criminal justice system is even worse than the picture I'm painting it. IME the only way to get change is for enough people to realize that there's a problem and be willing to work together.
 
Posted by Byron (# 15532) on :
 
quote:
Originally posted by saysay:
And this is what makes me want to give up in utter despair. Most jails and prisons don't have law books or internet access. The actual criminal justice system is even worse than the picture I'm painting it. IME the only way to get change is for enough people to realize that there's a problem and be willing to work together.

I never made claims about what the majority of jails have or don't have: it was one of several ways an inmate in county can find the charges against them. (BTW, here's a piece by a librarian at Rikers.)

If pretrial detainees in some states don't know the charges against them, and have no way of finding out, then of course there's a severe problem. D'you have more info on this?
 
Posted by Palimpsest (# 16772) on :
 
If you say it doesn't matter that shootings are under sampled because the rates will be the same, you are assuming that the under sampling doesn't have a racial skew. I doubt that.


quote:
Originally posted by orfeo:

In all seriousness: when is the last time a death at the hands of police became a major media event when it wasn't a black death? When is the last time a death at the hands of police became a major media event when the police weren't white?

In Seattle; John T. Williams, a Native American woodcarver a native American woodcarver was shot for walking while carving with a knife. It created quite a media sensation and public protest. Shot Native American Indian

A Justice Dept Investigation of excessive force by Seattle Police has led to a consent degree and a fair amount of political evasion of actually fixing the problem. All in the media over the last five years. Do note that this report includes the converse position to yours; police claiming you shouldn't act on general statistics but only on specific cases.
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by Moo:
I considered linking directly to the DOJ report, but the American Thinker article presented the information more concisely.

Moo

Concise, but incomplete.

quote:
Originally posted by orfeo:

I also note that that article at least raises doubt, again, whether the existing stats (however flawed) support the idea that white cops target black victims. In fact it suggests they try NOT to target black victims because they know how it will look.

It suggests that white cops are trying not to shoot black people. It says nothing about targeting. Here is yet another study that suggests they do.
What the study in Moo's link says to me is that cops will push boundaries if they think they can get away with it.
It also suggests that the spotlight needs to be shining on them constantly and in more areas. In other words: Accountability.
Apologies to the hosts, but I am linking to an article by Frank Serpico, he of the movie fame.
This is four pages long, but well worth the read.
 
Posted by Rossweisse (# 2349) on :
 
quote:
In Seattle; John T. Williams, a Native American woodcarver a native American woodcarver was shot for walking while carving with a knife. It created quite a media sensation and public protest. Shot Native American Indian

Officer Ian Birk is a murderer, pure and simple, and his colleagues' comments chill my blood.

Racism is a serious problem; so is the over-empowerment of police officers. I've done prison work, and I know that most of the people incarcerated are bad guys. But too many cops assume that everyone who's not a cop is a bad guy.

We have to work on that.

[ 16. December 2014, 02:45: Message edited by: Rossweisse ]
 
Posted by Byron (# 15532) on :
 
quote:
Originally posted by lilBuddha:
[...] Apologies to the hosts, but I am linking to an article by Frank Serpico, he of the movie fame.
This is four pages long, but well worth the read.

Damn fine article from a hero if ever there was.

This snippet has relevance to the discussions here:-
quote:
As for Barack Obama and his attorney general, Eric Holder, they’re giving speeches now, after Ferguson. But it’s 20 years too late. It’s the same old problem of political power talking, and it doesn’t matter that both the president and his attorney general are African-American. Corruption is color blind. Money and power corrupt, and they are color blind too.
I agree to a point: there's undoubtedly racist cops, but I suspect the majority treat all "hood rats" with equal disdain.

Problem is that deprivation is heavily shaped by the baleful history of white supremacy. Certain ethnicities have far greater likelihood of living in deprivation than others. Cops don't need to be racist themselves to perpetuate systemic inequality.

[ 16. December 2014, 04:31: Message edited by: Byron ]
 
Posted by Palimpsest (# 16772) on :
 
quote:
Originally posted by Rossweisse:
Officer Ian Birk is a murderer, pure and simple, and his colleagues' comments chill my blood.

Racism is a serious problem; so is the over-empowerment of police officers. I've done prison work, and I know that most of the people incarcerated are bad guys. But too many cops assume that everyone who's not a cop is a bad guy.

We have to work on that.

The review board, composed of Law Officers did say this was an egregious failure by Officer Birk.
My own insight into this is I used to walk by the woodcarver, sitting on a park wall on my way to lunch. I was interested in the carving and he was clearly focused on doing the carving and creating some interesting figures. It's hard to see how that stance could be seen as aggression except by someone who was massively over-reacting. The incident received a great deal of reaction, including organized protest marches.
 
Posted by Moo (# 107) on :
 
quote:
Originally posted by lilBuddha:
quote:
Originally posted by Moo:
I considered linking directly to the DOJ report, but the American Thinker article presented the information more concisely.

Moo

Concise, but incomplete.
What information in the DOJ report was omitted from the American Thinker article?

Moo
 
Posted by Barnabas62 (# 9110) on :
 
Frank Serpico's article is very powerful. It does give some credence to the proposition that when it comes to the police protecting themselves, the decks may be stacked against effective hearings of alleged crimes by the police.

It takes a lot of bottle for any police officer to swim against that tide. Which gives a lot of credence to the argument in favour of independent investigation of alleged police crimes.

Taking up orfeo's point in the Hell thread, there is no doubt that justice was administered in the controversial cases discussed here. The real question is how well were the requirements of justice served by the way it was administered, and without change will continue to be administered, in these types of cases. And what might be done to improve that, restore some measure of confidence, begin to repair damaged trust.

That is no small challenge.
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by orfeo:
I've yet to see a single remark that Eric Garner "had it coming anyway". Anywhere.

Then you've had the very good fortune to not run across Congressman Peter King.
 
Posted by Gwai (# 11076) on :
 
quote:
Originally posted by orfeo:
quote:
Originally posted by Gwai:
Also, I'm assuming that our end goal is to lower the number of people shot (without drastically increasing the number of police officers killed, of course.)

Well then, if that's our goal (and I think it's an excellent goal), I would argue society should be asking questions about police shootings that don't exclude a very sizable chunk of police shootings by only looking at those where a white office shoots a black victim and ignoring white-shoots-white (undoubtedly larger, in absolute terms), black-shoots-black and black-shoots-white.
Agreed. I think I shared earlier how a friend who spends much more time working with youth on the streets than I do was talking about community policing as an important part of the answer. If so, it would help with shootings of any color person. Still, it doesn't have to be exclusive. We can ask why so many of our black men are getting shot by the police without stopping asking why our police are shooting so many people. I think I'd say both questions should be asked.

quote:
Originally posted by orfeo:
In all seriousness: when is the last time a death at the hands of police became a major media event when it wasn't a black death? When is the last time a death at the hands of police became a major media event when the police weren't white?

Others have answered this, but let me also add that the (white, I think) cops who (separately) beat up multiple Chicago bartenders for cutting them off were a big media sensation here, and not because of the race of any of the participants.

quote:
Originally posted by orfeo:
The problem of people dying at the hands of police is not the same problem as black people dying at the hands of white police, and it's not going to have the same solution. As long as people continue to insist on wanting to talk about how to solve black deaths from racist police (and I note that the desire to cling onto THAT being the problem is fascinatingly strong - you're pretty much the only responder to suggest that it's just fine if we stop talking about race and get more general about it), they are not going to be talking about how, in general, to reduce the overall death count. They are going to keep focusing on trying to reduce an aberration in the death count.

I'd strongly say that we need to talk about both. I don't know if you know/have looked at the major causes of death for African-American men under the age of 30. If you don't know, it's relevant to this conversation, and I suspect underlining people's reactions. No, most of those deaths are not from the police, but it means it's a vulnerable area. However probably even more relevant is that it is completely impossible to live in America with your eyes open and not have very clear evidence of police racism. I could tell you multiple stories myself, and I don't mean from the newspaper either. Eh, I just wrote up two examples and then cut them because I don't want to distract from the thread, but it's clear cut. And if there is clearcut evidence that a significant number of police officers are racist--I am sure most are not, but that's not nearly enough--then it's enough to make people more suspicious of the power police are wielding to shoot and kill African Americans.

quote:
Originally posted by orfeo:
Besides, I'm now being told that blacks already police blacks as much as possible!

Which by the way I am super suspicious of since it means black police officers will generally be stationed in poorer more dangerous areas of town than white officers.

[ 16. December 2014, 13:46: Message edited by: Gwai ]
 
Posted by jbohn (# 8753) on :
 
quote:
Originally posted by Byron:
I agree to a point: there's undoubtedly racist cops, but I suspect the majority treat all "hood rats" with equal disdain.

I (a white male, for the record) grew up in the "hood", and lived there until my early twenties. I only stopped being pulled over with astonishing regularity whenever I ventured into the tonier suburbs after I moved (to an average, working-class suburb), and my car license plates no longer came up on the terminal in the police car as being from the "hood".
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by Crœsos:
quote:
Originally posted by orfeo:
I've yet to see a single remark that Eric Garner "had it coming anyway". Anywhere.

Then you've had the very good fortune to not run across Congressman Peter King.
It doesn't seem appropriate to thank you for 'rectifying' my good fortune.

Honestly, that comment doesn't even make sense on its own terms. If obesity was a factor, how on earth does he conclude the police weren't in a position to know? Is he proposing they arrested Garner with their eyes shut and didn't receive any visual information about his weight?
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by orfeo:
quote:
Originally posted by Crœsos:
quote:
Originally posted by orfeo:
I've yet to see a single remark that Eric Garner "had it coming anyway". Anywhere.

Then you've had the very good fortune to not run across Congressman Peter King.
It doesn't seem appropriate to thank you for 'rectifying' my good fortune.

Honestly, that comment doesn't even make sense on its own terms. If obesity was a factor, how on earth does he conclude the police weren't in a position to know? Is he proposing they arrested Garner with their eyes shut and didn't receive any visual information about his weight?

Part of the context is that people like King will grasp on to any straw to justify a police killing, particularly if the deceased is black. The other part of the context is that Peter King is an obnoxious scumbag.

quote:
If Irish America is one large, cantankerous family, Peter King is the second cousin who gets drunk and flips his car over in an accident bad enough to make the local news. He breaks up Thanksgiving dinner with some extended rant that manages to mix racism with quotes from The Quiet Man. He's the reason we need to go across town for midnight mass. Peter King shames us. He shames us all.

 
Posted by Palimpsest (# 16772) on :
 
An interesting article about one of the witnesses in the Ferguson Grand Jury

Unmasking Ferguson Witness
If you believe the reporter, one of the witnesses fabricated most of her testimony and has a history as a serial perjurer.
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by Palimpsest:
An interesting article about one of the witnesses in the Ferguson Grand Jury

Unmasking Ferguson Witness
If you believe the reporter, one of the witnesses fabricated most of her testimony and has a history as a serial perjurer.

This story, if true, is unsurprising to anyone who has read Witness 40's journal entry, which reads like a letter to Penthouse Forum adapted for exonerating a police shooting. ("I always thought your letters were made up until it happened to me!" is the usual line inserted at the beginning in a desperate attempt to gain credibility.) It's not surprising someone would fabricate an eye witness account in a high profile case like this (there's always someone willing to make a splash that way), but it surprised me that the prosecution team thought it credible enough to submit as evidence to the grand jury.
 
Posted by Barnabas62 (# 9110) on :
 
Me too. You can read the testimony in the October 23 transcript (from p184 onwards). It's a bit of an understatement to say she doesn't come across well.
 
Posted by Golden Key (# 1468) on :
 
I skimmed the "Unmasking" article. Will it change anything, in terms of a re-hearing or something? Should it? And how will it affect the protests?

IIRC, it was mentioned that the "witness" lied to the Feds. Will that spur them to dig more deeply into Ferguson officialdom's handling of the case? And will this finally be enough to stop this woman? If her bi-polar disorder is the problem, maybe she can be persuaded to go on meds? She hasn't taken any for 25 years.
 
Posted by Barnabas62 (# 9110) on :
 
I think the prosecutor could reopen the grand jury hearings if he wanted to. Or the state governor could look again at calls for a new process under a special prosecutor. I wouldn't hold your breath.

Have those responsible for the Federal inquiries (I think there were two under way) reported in any way yet? I have no clear idea what if anything they are still doing on either of those. I suppose this is grist to any mill which is still grinding away.
 
Posted by Dave W. (# 8765) on :
 
This Slate article suggests witness 40 was already discredited by the prosecution in front of the grand jury, and was thus unlikely to have swayed their decision.
 
Posted by Barnabas62 (# 9110) on :
 
Thanks Dave, that's pretty much what I gathered from reading the testimony and the questioning. But I still don't understand why they called her in the first place.

I suppose one might argue she was an easy target which whom to demonstrate prosecutorial "even handedness" in quizzing witnesses. That's a bit conspiracy-theory-like, but might be said.

She was pretty unimpressive even without the questioning.
 
Posted by orfeo (# 13878) on :
 
I gathered that even from the Smoking Gun article. Just occasionally you can find the quiet acknowledgement that her lack of credibility is old news rather than a breathtaking journalistic scoop.

It's fairly evident when you get to: "McElroy’s tale was met with skepticism by the investigators, who reminded her that it was a crime to lie to federal agents."

I do wonder a little why they bothered putting her before a grand jury.

[ 17. December 2014, 13:28: Message edited by: orfeo ]
 
Posted by orfeo (# 13878) on :
 
While we're talking about Slate articles, I really, really like this one.

But then I would, because it backs up my own views a great deal.
 
Posted by orfeo (# 13878) on :
 
And heck, see what happens when I keep clicking links... I also really like this one for articulating, in its way, the basic fact that a criminal process can only come up with a "Yes" or "No" answer to a question about guilt, and is simply not designed for anything else. It doesn't distinguish between the myriad different reasons why a prosecution might fail.
 
Posted by Autenrieth Road (# 10509) on :
 
quote:
Originally posted by orfeo:
While we're talking about Slate articles, I really, really like this one.

But then I would, because it backs up my own views a great deal.

The article doesn't explain anything. It presents differing perceptions about the Ferguson vs. Garner cases by black people and white people, and then says this:

quote:
How did whites arrive at different opinions in the two cases? The crucial variable appears to be information, not race.
But no, that doesn't appear to be the crucial variable, because he only presents data on the views of white people varying by how much information they have. But no information about how or whether black people's views vary by the information they have. And he certainly doesn't present any information that black people or white people had a different distribution of amount of information.

The article has an interesting premise, but then utterly fails to explain anything at all, because the author apparently doesn't even comprehend what data would be necessary to examine to support his hypothesis.

William Saletan's articles often leave me feeling like that -- really interesting premises to explore, and then at the end I feel like, "nope, not proven. Not proven at all."

Could you say more about why you like the article, and which of your views it backs up?
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by Autenrieth Road:
But no, that doesn't appear to be the crucial variable, because he only presents data on the views of white people varying by how much information they have. But no information about how or whether black people's views vary by the information they have.

It's explicitly a statement of the crucial variable for white people. Accompanied by an explicit statement that the variable didn't have the same effect on the opinion of black people.

The article in fact sets out exactly what you're claiming it doesn't set out. You're criticising it for not demonstrating something it doesn't actually claim it's demonstrating.

[ 17. December 2014, 14:21: Message edited by: orfeo ]
 
Posted by orfeo (# 13878) on :
 
Let me put it in another way because I'm a glutton for punishment at 2:45 in the morning.

The article goes looking for an explanation in the variation of the opinion of white people, in the Ferguson case compared to the Staten Island case.

It makes no sense to go looking for an explanation in the variation of the opinion of black people between the two cases because there IS no variation in the opinion of black people for the two cases. Or very little.

You can't go looking for an explanation of the major swing in opinion unless there's actually a major swing to explain.
 
Posted by Autenrieth Road (# 10509) on :
 
[cross-posted: I'll add quickly that, having found a major swing for white people, and found that it correlates with amount of information about the cases, you absolutely can look at the data for black people and see how the amount of information for black people affects their views, if at all. You can't assume that because the aggregate figures are the same for black people for both cases, that there isn't some moving-in-opposite-directions informational differential underneath that's masked by the aggregate figure.]

The subhead for the article was "While blacks see the grand jury decisions in Ferguson and Staten Island almost identically, whites see them as dramatically different. Why is that?"

I took that to mean that the article would explore why blacks and whites differ in their opinions of these cases: why is it that black people see them almost identically, but white people see them as dramatically different?

From what you're saying, I gather that the mention of black people in the headline is irrelevant to what the author is trying to explain. The headline's "why is that?" as carried out in the article means "why do white people see these two cases as so different?"

I do see that headlines are generally not written by authors. But Saletan starts the article by comparing the views of black people and white people on the two cases. So I'm set up to wonder why black people and white people see them so differently. But as it turns out, black people are quite irrelevant to this article, and it's only about white people.

Even taking the article on the terms of "this is only an article about white people", I'm not sure what it explains to say that "the more white people know about the Brown case and the Garner case, the more they have different opinions on the two cases." Duh! So informed white people have really really different views on the two cases, and uninformed white people tend to see the two cases as more similar to each other.

It does tell me one useful thing: apparently giving white people more information about these cases is not going to help them view the cases as the way black people view them. So for white people who want to understand why black people think the way they do about the cases (speaking in statistical generalities, obviously any individual person of either race might have one view or another), or people who see the cases as similar trying to explain to people who view them as different why they see them as similar, more information about the cases themselves doesn't seem to be the answer.

quote:
Originally posted by orfeo:
Accompanied by an explicit statement that the variable didn't have the same effect on the opinion of black people.

Could you point out where Saletan says this? As far as I can tell, Saletan doesn't give any figures at all about the split of views among black people based on the amount of information black people have about the cases.

In the final paragraph, Saletan asks this:
quote:
What do you make of the white split on the Brown and Garner cases? Does it affect your assessment of racism in this country?
I find that to be a somewhat bizarre question. I can't really think about the white split, and the information differential it correlates with, and what it means about racism in this country, unless I understand more about the black data on whether or not there's an information differential for black people.

But my provisional answer to the question would be: assuming that black people's views stay roughly the same regardless of how much information they have about the cases (but why would we assume that?), then this tells me that black people and white people view events really differently, for a whole host of reasons which I think people have been trying to discuss on this thread.

What are your answers to Saletan's questions?

[ 17. December 2014, 15:10: Message edited by: Autenrieth Road ]
 
Posted by orfeo (# 13878) on :
 
Surely the data shows you that white people take notice of the facts of individual cases. And surely that negates some of the more sweeping accusations of racism. It negates a claim that lost of white people just go "he's black, so he deserved it". They might think that one of these black people deserved it, but it can't simply be on the basis that he's black because they don't think the other black person deserved it.

No, a large number of white people are assessing these cases on the facts of the individual cases - facts other than there's a black person and a white cop involved.

As for not 'helping white people to see the cases the way black people do', why would that be the goal? That presumes that an entire class of people are assisted in their ability to assess the evidence by their skin colour. They might just as easily be hampered in their ability to assess the evidence by their skin colour.

[ 17. December 2014, 22:08: Message edited by: orfeo ]
 
Posted by orfeo (# 13878) on :
 
And now I will probably be shouted at back in Hell for even daring to suggest that black people might be more prone to stereotyping these cases and treating them all the same just on account of skin colour. But sorry, even without the additional data, that's what the survey shows explicitly, that black people are saying that race is a major factor in these cases, and it's therefore not surprising that the percentages on the actual verdicts do not vary much between the 2 cases that have the same racial makeup.

White people are clearly following through on their view that race is NOT a major factor in the cases, because they are seeing the case against one white police officer as having merit and the other case as not having merit. When a lot of white people say they don't think the race of the people involves is important, they are telling the truth.
 
Posted by cliffdweller (# 13338) on :
 
quote:
Originally posted by orfeo:
And now I will probably be shouted at back in Hell for even daring to suggest that black people might be more prone to stereotyping these cases and treating them all the same just on account of skin colour. But sorry, even without the additional data, that's what the survey shows explicitly, that black people are saying that race is a major factor in these cases, and it's therefore not surprising that the percentages on the actual verdicts do not vary much between the 2 cases that have the same racial makeup.

White people are clearly following through on their view that race is NOT a major factor in the cases, because they are seeing the case against one white police officer as having merit and the other case as not having merit. When a lot of white people say they don't think the race of the people involves is important, they are telling the truth.

The problem is your assumption that the black view is "stereotyping". We don't know that.

All of our perceptions are based on our experiences. Obviously the experiences of black Americans are, in general, different from those of white Americans. Those differing experiences have led black Americans to interpret these events differently than white Americans. But those facts alone don't tell us that one group is "stereotyping". They may be accurately perceiving a commonality that white Americans are blind to because of the gaps in our experience/ expectations. Or not. But we cannot jump to either assumption based only on the fact that blacks and whites interpret these events differently.
 
Posted by orfeo (# 13878) on :
 
But if the commonality they are perceiving is that white people treat them a certain way because of their race, then evidence of what white people actually think is critical. And this evidence is that white people are not looking at these cases on the basis of race.

That's the key thing here: if the perception is about RACISM, it's about what is supposedly in the minds of white people.

[ 17. December 2014, 22:29: Message edited by: orfeo ]
 
Posted by cliffdweller (# 13338) on :
 
quote:
Originally posted by orfeo:
But if the commonality they are perceiving is that white people treat them a certain way because of their race, then evidence of what white people actually think is critical. And this evidence is that white people are not looking at these cases on the basis of race.

That's the key thing here: if the perception is about RACISM, it's about what is supposedly in the minds of white people.

The perception is not that all white people treat them differently-- it's that white police officers treat them differently. The data about what white people in general think is going on in these two cases only demonstrates that white and black Americans have different perceptions/ expectations of the police. I would hypothesize it also suggests that white Americans want to believe that this is a race-blind society. It does not tell you whether or not this IS a race-blind society or whether or not black Americans are treated differently by the police. You are taking the assumptions of white Americans as truth while discounting the assumptions of black Americans, when neither has been proven one way or the other, at least by this study.
 
Posted by cliffdweller (# 13338) on :
 
In a way, measuring racism seems to be a lot like measuring consumerism. If you ask someone if they are "materialistic" or if they are "rich" they will inevitably say "no"-- and demonstrate that by pointing to someone who is more materialistic or wealthier than they are. No one ever looks in the other direction to note how many people are poorer than they are or less prone to buy unneeded "stuff". And because you can always find someone, somewhere wealthier than you or who buys more ridiculously overpriced c**p, it turns out no one is actually wealthy or materialistic.

I think we do the same thing with racism. If you ask someone if they are racist they will always, always tell you "no". And they will generally point to someone who is more obviously racist than them-- racism is what that person says/does, not what *I* say or do. And because you can always find someone who has said or done something more obscenely racist than you, it turns out no one is a racist.
 
Posted by Barnabas62 (# 9110) on :
 
orfeo

I think the really key issue now is the intransigence produced by the polarising of opinion around two mutually conflicting stories. There was an article by Professor Mitroff in the Huffington Post on that issue. (Mitroff thought both stories contained truth, believed Darren Wilson should have been indicted on a lesser charge than murder BTW.)

Here is a link to the article.

I'm not sure that appeals to facts or reason will cut it any more. The levels of distrust seem to rule that course out. And that spells lots of trouble for both law and order.

Where are the peacemakers? How is peace to be made? I don't see any clear answers to those questions at present.
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by orfeo:
And this evidence is that white people are not looking at these cases on the basis of race.

That is not what the evidence is, but what one conclusion might be.
Another is that people, when faced with indirect evidence which has no direct effect on them, are more likely to be swayed by confirmation bias.
 
Posted by cliffdweller (# 13338) on :
 
quote:
Originally posted by lilBuddha:
quote:
Originally posted by orfeo:
And this evidence is that white people are not looking at these cases on the basis of race.

That is not what the evidence is, but what one conclusion might be.
Another is that people, when faced with indirect evidence which has no direct effect on them, are more likely to be swayed by confirmation bias.

Good point. Which goes even more to my overall point.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by lilBuddha:
quote:
Originally posted by orfeo:
And this evidence is that white people are not looking at these cases on the basis of race.

That is not what the evidence is, but what one conclusion might be.
Another is that people, when faced with indirect evidence which has no direct effect on them, are more likely to be swayed by confirmation bias.

No, on this you are simply wrong. Many things are open to interpretation, but the logic of this is inescapable.

We have 2 cases with the same racial profile. If white people are deciding these cases on the basis of race, 2 cases with the same racial profile should result in the same view from white people.

It is the perfect control. The facts that these cases have in common are that a white officer killed an unarmed black man. The very fact that a really, really large percentage of white people think that one white officer should have been charged and that the other shouldn't conclusively demonstrates that whatever racism might be floating out there, race has failed to be the determining factor. Some other factor HAS to be the explanation for why they view one white police officer who killed a black man as innocent of a crime and think another white police officer who killed a black man ought to have been charged.

You simply cannot treat something as the causative factor when the "causative factor" is present in 2 different situations but the situations yield different results. It's logically impossible. There is no correlation here between the race of the police officer and the view of white people as to whether the police officer should be charged.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by cliffdweller:
You are taking the assumptions of white Americans as truth while discounting the assumptions of black Americans, when neither has been proven one way or the other, at least by this study.

No, I am not. It is vitally important to understand that the survey asked people both whether they BELIEVED race was a factor in the cases, and what they thought about the outcome of the case.

But no one person participating in the survey was in a position to know what other people would say in the survey. When the vast majority of white people said they didn't think race was a major factor, they had no way of knowing that a heck of a lot of other white people would demonstrate that very thing by having different opinions about 2 racially identical cases.

You say that racism is what the person actually says or does. What a whole lot of white people actually said was that they were happy about the lack of charges against one white police officer, and unhappy about the lack of charges against the other white police officer. Which is ONLY explicable on the grounds that something other than the police officer's skin colour made the difference.

If you want to define racism as actually doing something based on a person's race, then people answering the survey in this way cannot, by definition, be engaging in racism.

[ 18. December 2014, 01:19: Message edited by: orfeo ]
 
Posted by cliffdweller (# 13338) on :
 
quote:
Originally posted by orfeo:
quote:
Originally posted by lilBuddha:
quote:
Originally posted by orfeo:
And this evidence is that white people are not looking at these cases on the basis of race.

That is not what the evidence is, but what one conclusion might be.
Another is that people, when faced with indirect evidence which has no direct effect on them, are more likely to be swayed by confirmation bias.

No, on this you are simply wrong. Many things are open to interpretation, but the logic of this is inescapable.

We have 2 cases with the same racial profile. If white people are deciding these cases on the basis of race, 2 cases with the same racial profile should result in the same view from white people.

It is the perfect control. The facts that these cases have in common are that a white officer killed an unarmed black man. The very fact that a really, really large percentage of white people think that one white officer should have been charged and that the other shouldn't conclusively demonstrates that whatever racism might be floating out there, race has failed to be the determining factor. Some other factor HAS to be the explanation for why they view one white police officer who killed a black man as innocent of a crime and think another white police officer who killed a black man ought to have been charged.

You simply cannot treat something as the causative factor when the "causative factor" is present in 2 different situations but the situations yield different results. It's logically impossible. There is no correlation here between the race of the police officer and the view of white people as to whether the police officer should be charged.

No. It is evidence that race is not a factor in
the way white people interpret the event(or, more accurately, in the way white people report they interpret the event. It is NOT evidence that race was not a factor in the event itself. It may very well be that that black Americans have a better awareness of what is actually going on that white Americans-- you don't know, because that's not what the study is measuring. It is only measuring how Americans interpret the two events, not was actually a factor.

Complicating this is the fact that white Americans want to believe race was not a factor. We want to believe our police officers are good and honorable and not racist, and that our justice system is fair. So confirmation bias may be a factor as well.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by cliffdweller:
No. It is evidence that race is not a factor in the way white people interpret the event(or, more accurately, in the way white people report they interpret the event. It is NOT evidence that race was not a factor in the event itself.

Yes, I know, and that's what I said isn't it? I talked about the lack of racism in the white people taking the survey.

You may well assert that white police manage, through whatever effects of the institution, to be more racist than the white communities they are drawn from.
 
Posted by Barnabas62 (# 9110) on :
 
The power of the two narratives, orfeo.

I think your argument wins BTW and there may be some acknowledgement of that here.

But out there I think it's gone beyond that. A locking in has occurred and sides have been taken. Whether they were just or not, the social cost of the non-indictments is high and still increasing.

And that is a different kind of tragedy.
 
Posted by cliffdweller (# 13338) on :
 
quote:
Originally posted by orfeo:
quote:
Originally posted by cliffdweller:
No. It is evidence that race is not a factor in the way white people interpret the event(or, more accurately, in the way white people report they interpret the event. It is NOT evidence that race was not a factor in the event itself.

Yes, I know, and that's what I said isn't it? I talked about the lack of racism in the white people taking the survey.

Here's what you said,

quote:
Originally posted by orfeo:

White people are clearly following through on their view that race is NOT a major factor in the cases, because they are seeing the case against one white police officer as having merit and the other case as not having merit. When a lot of white people say they don't think the race of the people involves is important, they are telling the truth.

It's a bit ambiguous what you mean by "they are telling the truth"-- did you mean:
a. it's true that they don't think race is a factor
b. it's true that race is not a factor
 
Posted by orfeo (# 13878) on :
 
I meant (a), but I can see the ambiguity there.
 
Posted by cliffdweller (# 13338) on :
 
Ah. Well, yes, I can see your point. I wouldn't agree that "a" has been conclusively proven (see effects of confirmation bias, etc) but it certainly is less of a stretch than b.
 
Posted by orfeo (# 13878) on :
 
Okay then, so my next question is this: suppose, for the sake of argument, that this does indeed mean that we have ended up with a white police force that is more racist than the white community it is drawn from.

How?

Because it seems to me that this would be saying that being a police officer is a major contributor to one's racism, rather than one's race. I want to know how we could end up with a police force that has levels of racism that have a major effect on outcomes if we have a general white community with levels of racism that don't prevent them from seeing a significant difference between the circumstances of Ferguson and Staten Island.

Note that this is built on an assumption that members of the police force are worse racists than their general white peers, but in fact that does seem to be the view of at least some Shipmates - that the police are worse.
 
Posted by cliffdweller (# 13338) on :
 
You're going to have all sorts of specifics with the police force. Off the top of my head if, for the sake of argument, it turns out police are more racist than the general public (although this would not be my argument), it could be because:

a. selection bias-- that certain characteristics that would draw one to that line of work would make one disproportionately likely to be racist
b. unique experiences police officers have on the job
c. systemic issues within the police force as an institution that haven't been addressed because of the "halo" effect of elevating "first responders"
d. selection process itself is rigged so that existing personnel are more likely to hire people like them, with similar biases
e. training process might similarly reinforce existing biases by training new officers to think/respond to situations in ways that are similar-- passing on the same bad attitudes
f. selection effect in the education required of police officers vs. other professions may be correlated

Again, I don't know that there IS a difference, or if there is a difference if any of these factors might be at play. I'm just brainstorming possible factors that could be explored.
 
Posted by Palimpsest (# 16772) on :
 
The problem I've seen with police is not that the police force is more racist than the average population. It's that the ones who are violent, abusive or racist are protected by the rest of the police against discipline. In Seattle, you can see this in the way the Police Officer's Guild has obstructed review of cases. When cases do surface in the media, the officer may have a record of complaints that is much longer than the average policeman but it doesn't matter.

It doesn't take a police force that is more racist than the population, just toleration of what the racists do.
 
Posted by Leorning Cniht (# 17564) on :
 
quote:
Originally posted by orfeo:
Okay then, so my next question is this: suppose, for the sake of argument, that this does indeed mean that we have ended up with a white police force that is more racist than the white community it is drawn from.

How?

Well, thinking aloud, suppose that you were a white police officer, lived in an area full of white people, had white friends and white neighbors, and generally didn't have much social contact with black people.

Suppose you police an area with mostly black residents. You go to work, you sit in your patrol car, you get called out for some crime or other, and the perp is black. You get called to another crime. The perp is black again. (Because you're in a largely black area - everyone is black.)

So out of all the people you meet, you have a bunch of white non-criminals (family, friends, colleagues) and a bunch of black criminals. If the only black people you spend any time with are the ones you're arresting, it's probably easy for a small prejudice to grow into a large prejudice.
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by orfeo:
quote:
Originally posted by lilBuddha:
quote:
Originally posted by orfeo:
And this evidence is that white people are not looking at these cases on the basis of race.

That is not what the evidence is, but what one conclusion might be.
Another is that people, when faced with indirect evidence which has no direct effect on them, are more likely to be swayed by confirmation bias.

No, on this you are simply wrong. Many things are open to interpretation, but the logic of this is inescapable.

We have 2 cases with the same racial profile.

(Bold mine)
But we do not have two cases which are the same.
One the evidence is indirect, the other is a video recording in which the mistreatment is unmistakable. If we had two similar levels of evidence you would have a better point.

quote:
Originally posted by Palimpsest:

It doesn't take a police force that is more racist than the population, just toleration of what the racists do.

The power to abuse makes any infraction worse. But I think exposure is also a factor. Letter b. in cliffdweller's list. A higher percentage of minorities go through the criminal justice system, minority communities tend to be in higher crime areas. This makes it easy to make an association between minority and criminal.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by lilBuddha/orfeo/this is my best attempt to fix up the code:
quote:

We have 2 cases with the same racial profile.

(Bold mine)
But we do not have two cases which are the same.
One the evidence is indirect, the other is a video recording in which the mistreatment is unmistakable. If we had two similar levels of evidence you would have a better point.

How are you not making my point for me? And the article's point: that the views of white people were determined by information, aka evidence, and not race?

That is exactly what you're now saying. That something other than race was determinative.

Frankly I'm not sure that you understand the technique of fixing a common element to test whether it has an effect or not. Having the SAME kind of evidence would actually render it more difficult to show that the evidence was relevant.

[ 18. December 2014, 08:15: Message edited by: orfeo ]
 
Posted by orfeo (# 13878) on :
 
ADDENDUM: If what you are trying to say is, if only there was a video of the Ferguson shooting, then all the white people would realise that that was a bad police action as well just like they did with Staten Island, then with the greatest respect you are making completely unsupportable assumptions that the video would make the police officer look bad. White people swung further behind the police officer in Ferguson the more they knew about the case. They might swing even further in that direction if presented with a video of a great big black guy reaching into a cop's car and trying to get his gun.
 
Posted by Barnabas62 (# 9110) on :
 
As I said, orfeo, the QED is in your favour.

But I can't help but feel the force of Amos 5 at this point. In that far off and far-removed-by-time Northern Kingdom, there was stability, much religious observance, formal adherence to the Covenant with God - and screwing of the poor and disadvantaged. Justice was not rolling down like a river and God really didn't like it.

Of course I accept your general thesis that justice is not served by show trials to assuage public anger and that cases should be tried on their merits.

But there are real grounds for concern about continuing racialism and social inequities, and real reasons based on experience which point to the iniquity of these inequities. There is continuing injustice in that wider sense. That's the heart cry behind these reactions. It must be heard, it must be addressed.
 
Posted by Dave W. (# 8765) on :
 
quote:
Originally posted by orfeo:
quote:
Originally posted by lilBuddha/orfeo/this is my best attempt to fix up the code:
quote:

We have 2 cases with the same racial profile.

(Bold mine)
But we do not have two cases which are the same.
One the evidence is indirect, the other is a video recording in which the mistreatment is unmistakable. If we had two similar levels of evidence you would have a better point.

How are you not making my point for me? And the article's point: that the views of white people were determined by information, aka evidence, and not race?

That is exactly what you're now saying. That something other than race was determinative.

Frankly I'm not sure that you understand the technique of fixing a common element to test whether it has an effect or not. Having the SAME kind of evidence would actually render it more difficult to show that the evidence was relevant.

No, this is not "the perfect control" - this is a terrible way to do experiments.

To see if an variable has an effect or not, you don't fix it and change lots of other things - you hold everything else the same and change only that one element.

Doing it your way doesn't show anything except maybe that the proposition "all white people always react out of racism to the exclusion all other considerations" is not true. But that's pointless, since nobody was arguing that.
 
Posted by Moo (# 107) on :
 
quote:
Originally posted by Leorning Cniht:
Suppose you police an area with mostly black residents. You go to work, you sit in your patrol car, you get called out for some crime or other, and the perp is black. You get called to another crime. The perp is black again. (Because you're in a largely black area - everyone is black.)

So out of all the people you meet, you have a bunch of white non-criminals (family, friends, colleagues) and a bunch of black criminals. If the only black people you spend any time with are the ones you're arresting...

The police have contact with black crime victims as well as black perps. When someone who has very little has been robbed, the police who investigate will feel sympathy.

Moreover, the police are sometimes the first responders in medical emergencies. Shortly before Wilson's encounter with Brown, he had been sent to a home where a baby had stopped breathing. The ambulance was on its way, but Wilson was closer. He was told to go and perform CPR until the EMTs arrived.

Moo
 
Posted by Amanda B. Reckondwythe (# 5521) on :
 
quote:
Originally posted by Moo:
Shortly before Wilson's encounter with Brown, he had been sent to a home where a baby had stopped breathing. The ambulance was on its way, but Wilson was closer. He was told to go and perform CPR until the EMTs arrived.

Yeah, well, he segued from being the angel of life to the angel of death in . . . how many minutes was it? What a versatile, multi-talented fellow he is!
 
Posted by lilBuddha (# 14333) on :
 
What i am saying, orfeo, is that in Ferguson the evidence of what exactly happened is subject to interpretation and everybody is going to view it through their preconceptions.
In Staton Island, it is quite obvious that the police killed a man unnecessarily.
I am still unsure how this makes white people any more objective.

Moo,

It is perfectly possibly to believe ill of a group generally and still feel sympathy for individuals. Racism isn't white hoods and lynching v. rainbows and kittens; it is a spectrum. It isn't necessarily hate completely, or even hate at all.
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by orfeo:
How are you not making my point for me? And the article's point: that the views of white people were determined by information, aka evidence, and not race?

Which seems to imply that the views of black Americans aren't determined by information, given the lack of difference of opinion in that group. On the other hand it's just as plausible to say that both groups are forming their opinions based on information but they're weighting credibility differently.

It also fits with the data set as given to interpret it as indicating that white Americans will usually believe one type of evidence (e.g. the testimony of a white police officer) is inherently more credible than another type of evidence (e.g. the eyewitness testimony of black civilians) while still believing a third type of evidence (e.g. a video recording) to be more credible than either. The difference in black and white opinions could simply be a product of black Americans weighting the first two types of evidence differently than white Americans.
 
Posted by Barnabas62 (# 9110) on :
 
How do people weigh information? Now that's a good question in this context.

My biggest puzzle is how did that New York grand jury weigh that video clip when coming to their decision? And what testimony did they weigh alongside it? And of course there is no requirement to publish information about that.

As I've already said, I'm a lot less puzzled about how the Ferguson grand jury weighed the information presented to them. But I'm not convinced that the prosecutors' pre-weighing (and some of the related expert testimony) were made using balanced scales. There are some unanswered questions there.

That may always be the case of course, which is why I keep returning in my mind to the weakness of the current grand jury methods. There is a risk of a "forced card" being dealt by the prosecution dealers, whether for acquittal or indictment.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by Dave W.:
Doing it your way doesn't show anything except maybe that the proposition "all white people always react out of racism to the exclusion all other considerations" is not true. But that's pointless, since nobody was arguing that.

And yet, I'm finding that people won't even readily accept THAT proposition.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by lilBuddha:
What i am saying, orfeo, is that in Ferguson the evidence of what exactly happened is subject to interpretation and everybody is going to view it through their preconceptions.
In Staton Island, it is quite obvious that the police killed a man unnecessarily.

It is quite obvious? Well, a grand jury didn't think it was quite obvious that they committed a crime. Which is the question. Killing is not murder. Killing is not manslaughter.

The idea that videos are somehow objective and make things obvious is one that I would reject. People weigh evidence. Even video evidence.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by Crœsos:
quote:
Originally posted by orfeo:
How are you not making my point for me? And the article's point: that the views of white people were determined by information, aka evidence, and not race?

Which seems to imply that the views of black Americans aren't determined by information, given the lack of difference of opinion in that group. On the other hand it's just as plausible to say that both groups are forming their opinions based on information but they're weighting credibility differently.

It also fits with the data set as given to interpret it as indicating that white Americans will usually believe one type of evidence (e.g. the testimony of a white police officer) is inherently more credible than another type of evidence (e.g. the eyewitness testimony of black civilians) while still believing a third type of evidence (e.g. a video recording) to be more credible than either. The difference in black and white opinions could simply be a product of black Americans weighting the first two types of evidence differently than white Americans.

Where does physical evidence come into this ranking system?

This is one of the things that frustrate me so much in these cases. People constantly put it up as simply a contest between different eyewitness accounts it's not. George Zimmerman didn't just get believed because he had a convincing sounding voice, he also had physical injuries. Wilson didn't just get believed because he was a cop, he got believed because of things like the evidence of his gun discharging in his car in a way that was consistent with his story of Brown trying to get his gun. What "credibility" do you assign to a bullet hole? Does it make a difference to you if it's a white bullet?

So long as you put this up as simply being a "he said, he said" thing, you can keep just treating it as people naturally believing people more like themselves. But it's not. It's not the case that all evidence is of that nature.
 
Posted by Moo (# 107) on :
 
quote:
Originally posted by Moo:
quote:
Originally posted by Leorning Cniht:
Suppose you police an area with mostly black residents. You go to work, you sit in your patrol car, you get called out for some crime or other, and the perp is black. You get called to another crime. The perp is black again. (Because you're in a largely black area - everyone is black.)

So out of all the people you meet, you have a bunch of white non-criminals (family, friends, colleagues) and a bunch of black criminals. If the only black people you spend any time with are the ones you're arresting...

The police have contact with black crime victims as well as black perps. When someone who has very little has been robbed, the police who investigate will feel sympathy.

Moreover, the police are sometimes the first responders in medical emergencies. Shortly before Wilson's encounter with Brown, he had been sent to a home where a baby had stopped breathing. The ambulance was on its way, but Wilson was closer. He was told to go and perform CPR until the EMTs arrived.

Moo

quote:
Originally posted by lilBuddha
It is perfectly possibly to believe ill of a group generally and still feel sympathy for individuals. Racism isn't white hoods and lynching v. rainbows and kittens; it is a spectrum. It isn't necessarily hate completely, or even hate at all.

You missed my point. Leorning Cnicht said that white policemen have contact with blacks only when they arrest them for law-breaking. I was pointing out that there are situations where white policemen have contact with blacks who are not breaking the law.

Moo
 
Posted by Barnabas62 (# 9110) on :
 
quote:
Originally posted by orfeo:

Where does physical evidence come into this ranking system?


And here is the problem with physical evidence.

Note this quote

quote:
FBI forensic tests showed the gun was fired twice in the car, with one bullet hitting Brown's arm while the second one missed, the newspaper said.
In addition to Wilson's uniform and gun, forensic tests found the teen's blood on the interior door panel of his car, The Times said.

And then this one

quote:
The revelation, provided by unnamed government officials familiar with a federal civil rights investigation, marked the first public account of Wilson's testimony to investigators.

That it could potentially serve as exculpatory evidence -- or at the very least, used by Wilson's supporters to back the officer's account of what transpired on Canfield Drive on August 9 -- immediately drew suspicion and anger from leading activists who portended an ominous reaction from Brown supporters.

"This is clearly constructed and contrived to justify the killing of Mike Brown," Ferguson resident Pam Peters told CNN affiliate KTVI.

Once the opposing narratives take hold, there is no such thing as objective physical evidence. There is only suspicion of anything which does not confirm the story already believed.

And even if there is evidence that the car has protected from tampering before the examination, there will be suspicion that that evidence too has been manufactured.

That is an example of the level of mistrust in play.
 
Posted by orfeo (# 13878) on :
 
Yeah well, if people want to view everything through the lens of conspiracy theory, I can't help them. In one of my overly-epic posts (in the Hell thread I think) I set out my basic philosophy. I don't really believe there are many conspiracies of that kind in the world. Mistakes and misunderstandings, yes. Faking of injuries and bullet holes, no.

The whole notion that everybody has to be a "supporter" of one person or the other just makes me shake my head. I know that's how the world works, but it's a frustration. I changed my mind from thinking Zimmerman to be charged to thinking it was probably a case of self-defence once the evidence of his story and his injuries came out. I wasn't interested in being a supporter of anyone for the sake of their skin colour or wider circumstances of racial disadvantage. I'm not sure that my switch made me a "supporter" of Zimmerman in any case - does it count as support if I think he was a foolish idiot?

[ 19. December 2014, 00:28: Message edited by: orfeo ]
 
Posted by Dave W. (# 8765) on :
 
quote:
Originally posted by orfeo:
quote:
Originally posted by Dave W.:
Doing it your way doesn't show anything except maybe that the proposition "all white people always react out of racism to the exclusion all other considerations" is not true. But that's pointless, since nobody was arguing that.

And yet, I'm finding that people won't even readily accept THAT proposition.
Seriously? You think someone here is saying "all white people always react out of racism to the exclusion all other considerations"? You think you're having a hard time getting people to disagree with that?
 
Posted by Rossweisse (# 2349) on :
 
quote:
Originally posted by Barnabas62:
Me too. You can read the testimony in the October 23 transcript (from p184 onwards). It's a bit of an understatement to say she doesn't come across well.

She is a local legend.

She also claimed that she spotted kidnapping victim with his kidnapper/rapist years before he was found and told the cops, only to be ignored. I am not a psychologist, so I'll refrain from speculating on her exact malady.

[Edited to say, "Sorry, but I can't get the link to work right, and after three tries I'm going to give up."]
[Fixed, with a nod of thanks to Dave W.]

[ 19. December 2014, 14:08: Message edited by: Barnabas62 ]
 
Posted by Dave W. (# 8765) on :
 
Is this link the one you meant?
 
Posted by Rossweisse (# 2349) on :
 
quote:
Originally posted by Dave W.:
Is this link the one you meant?

Yes, thanks. For some reason, links aren't working for me tonight. Most tedious.
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by orfeo:
quote:
Originally posted by lilBuddha:
What i am saying, orfeo, is that in Ferguson the evidence of what exactly happened is subject to interpretation and everybody is going to view it through their preconceptions.
In Staton Island, it is quite obvious that the police killed a man unnecessarily.

It is quite obvious? Well, a grand jury didn't think it was quite obvious that they committed a crime. Which is the question. Killing is not murder. Killing is not manslaughter.
Grand Juries.
quote:
Originally posted by orfeo:

The idea that videos are somehow objective and make things obvious is one that I would reject. People weigh evidence. Even video evidence.

People weigh evidence. This is so broad a statement as to be useless.
The police grabbed Eric Garner in a choke-hold before attempting to put him in handcuffs. The choke-hold was maintained even after he was on the ground surrounded by multiple cops whilst one knelt on his head. Spin that.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by lilBuddha:
The police grabbed Eric Garner in a choke-hold before attempting to put him in handcuffs. The choke-hold was maintained even after he was on the ground surrounded by multiple cops whilst one knelt on his head. Spin that.

I'm not trying to spin anything. But why do you think that this evidence would cease to exist if there wasn't a video of it?
 
Posted by Golden Key (# 1468) on :
 
And now Witness 41's turn, per The Smoking Gun:

"Ferguson Witness Floated Bizarre Phone Tale--
Woman said she filmed shooting, but then dropped device in toilet."

 
Posted by Barnabas62 (# 9110) on :
 
lilBuddha

That Grand Jury link is helpful so far as the general argument goes. I've read a huge amount of the evidence and testimony released and I think it does raise questions about the objectivity and motives of the prosecutors.

But it also raises big questions about the objectivity of some of the witnesses on both sides of the 'two stories'. Dorian Johnson is a key witness and both his interview by the FBI and his testimony to the grand jury are available to read.

It's a slog but if you have the time I recommend that you do read them and ask yourself a simple question. How credible is his account of the physical scuffle with Wilson seated in the car and Brown outside the car?

On the general question of weighing the evidence the people whose opinions really count are grand juries deciding probable cause and trial juries deciding guilt or innocence. Others don't carry their burdens.

Coming back to orfeo's point re physical evidence, there is a good case to be made that the forensic and ballistic evidence could be subject to some form of judicial enquiry including any divergence of opinion on what it reveals about what happened in the car and in the fatal shooting. I've read a lot about that evidence now. My current view is that it is more supportive of Darren Wilson's account, particularly of the first physical encounter. Given the current Missouri self defence law, I remain pretty sure that would have been sufficient for him to be acquitted at any full trial. And I also remain convinced that a defence lawyer would have had Dorian Johnson for lunch.

Those are free opinions as well of course and YMMV.
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by orfeo:
Where does physical evidence come into this ranking system?

This is one of the things that frustrate me so much in these cases. People constantly put it up as simply a contest between different eyewitness accounts it's not. George Zimmerman didn't just get believed because he had a convincing sounding voice, he also had physical injuries. Wilson didn't just get believed because he was a cop, he got believed because of things like the evidence of his gun discharging in his car in a way that was consistent with his story of Brown trying to get his gun. What "credibility" do you assign to a bullet hole? Does it make a difference to you if it's a white bullet?

quote:
Originally posted by orfeo:
Yeah well, if people want to view everything through the lens of conspiracy theory, I can't help them. In one of my overly-epic posts (in the Hell thread I think) I set out my basic philosophy. I don't really believe there are many conspiracies of that kind in the world. Mistakes and misunderstandings, yes. Faking of injuries and bullet holes, no.

Good question, given the string of scandals that have recently plagued American criminal forensics. On the one hand, you claim this sort of thing can't and won't happen. On the other hand we've got accounts of this exact thing happening even at elite law enforcement organizations. Is this string of scandals simply a case of rampant conspiracy mongering? Which brings us back to the question of your implication of the inherent unreasonableness of black Americans. Is it necessarily an example of racial boosterism, as you imply, that black Americans apparently refuse to believe in the perfect and incorruptible nature of police investigations, including physical evidence? Or is it a fairly rational assessment of how often the game is rigged, particularly against them?

[ 19. December 2014, 13:39: Message edited by: Crœsos ]
 
Posted by lilBuddha (# 14333) on :
 
orfeo,

Evidence is most often subjective, even physical evidence. Evidence is often pieces of an incomplete puzzle which the observer must then solve. Preconception and motivation often play a part in the attempted solution. Objectivity is a chimaera.

Barnabas62,

The evidence supports parts of Wilson's story. The gaps are the key; and those gaps are supplied, on either side, by interested parties. But interest is only one factor. Eyewitness testimony is fraught with problem. Even the participants of an event often fill in missing information and supply incorrect information. Even with nothing to gain this happens.
 
Posted by RuthW (# 13) on :
 
quote:
Originally posted by lilBuddha:
orfeo,

Evidence is most often subjective, even physical evidence. Evidence is often pieces of an incomplete puzzle which the observer must then solve. Preconception and motivation often play a part in the attempted solution. Objectivity is a chimaera.

Exactly. Sometimes evidence is very clear, but a lot of it requires interpretation. Many times that interpretation is made by experts employed by a judicial system that has not earned black people's trust.

I'm not keen on conspiracy theories, but there's a good reason for why we have so many in the US -- the government isn't straight with us. Black Americans have their own quite understandable reasons for thinking the official deck is stacked against them most of the time, but that's taking place in the context of a general distrust of government and official-dom that I think goes clear back to the Warren Commission Report on the Kennedy assassination. That was handled about as badly as it could have been, and we'll probably never really know what happened. And ever since, we've been spinning our own stories about what's really going on about all sorts of things.
 
Posted by Barnabas62 (# 9110) on :
 
quote:
Originally posted by lilBuddha
Barnabas62,

The evidence supports parts of Wilson's story. The gaps are the key; and those gaps are supplied, on either side, by interested parties. But interest is only one factor. Eyewitness testimony is fraught with problem. Even the participants of an event often fill in missing information and supply incorrect information. Even with nothing to gain this happens.

Agreed in part!

Repeating myself, given Missouri State self-defence laws and precedents, even 'in part' makes an acquittal in a full trial extremely probable. That law is another target for reform.

ETA RuthW, spot on in my view.

[ 19. December 2014, 16:36: Message edited by: Barnabas62 ]
 
Posted by lilBuddha (# 14333) on :
 
You may well be right, Barnabas62, but I do think a trial would better serve than a grand jury.
The American implementation and interpretation of self-defence laws don't appear to consider a person instigating a situation in which they must defend themselves.
 
Posted by Golden Key (# 1468) on :
 
Adding on to what Ruth said about the US gov't lies:

With a history like the Tuskegee experiments, why should African Americans believe anything the gov't says?

And the CIA evidently *did* sell crack cocaine in black neighborhoods. See HuffPost's " Key Figures In CIA-Crack Cocaine Scandal Begin To Come Forward".
 
Posted by Barnabas62 (# 9110) on :
 
quote:
Originally posted by lilBuddha:
You may well be right, Barnabas62, but I do think a trial would better serve than a grand jury.
The American implementation and interpretation of self-defence laws don't appear to consider a person instigating a situation in which they must defend themselves.

I think politically that is undoubtedly correct given current suspicions and mistrusts, even if an acquittal was pretty much a shoo-in. As a matter of current jurisprudence, a "no bill" finding looks pretty justified to me on the way information was presented. Even allowing for the different standard of a probable cause finding. Which of course is what orfeo and I have been saying all along.

That's what happens when prosecutorial objectivity comes under question. Even if the grand jury did come up with a good finding, how can it be trusted to have been based on an objective presentation?

It's a bit like RuthW's observation about the Warren Commission. The lone nut finding may indeed have been true but it was also convenient in keeping the lid on if there was a lid to keep on. Result - conspiracy theories have been given a general lease of life.

[ 19. December 2014, 18:49: Message edited by: Barnabas62 ]
 
Posted by Moo (# 107) on :
 
quote:
Originally posted by lilBuddha:
You may well be right, Barnabas62, but I do think a trial would better serve than a grand jury.

If the trial jury hears the same evidence that the grand jury did, it is highly unlikely that they would convict. Then the protests would break out anew.

Remember that the grand jury returned a no bill for George Zimmermann, but the prosecutors decided on a trial anyway. He was acquitted.

I can't see a trial jury convicting Wilson unless someone comes up with some new evidence. Remember that it's up to the prosecution to prove guilt; it's not up to the defense to prove innocence.

Moo
 
Posted by Barnabas62 (# 9110) on :
 
That probably would happen Moo but a proper open adversarial process subjects the physical evidence and testimony to more searching scrutiny. Provided of course that prosecution and defence do their jobs, rather than a lukewarm prosecutor trying to do both jobs in a private setting.

That's this outsider's rather generous view of what happened in the grand jury, based on an extensive reading of the documents released.

Mind you, I still think Darren Wilson would have been acquitted because there was a lot more than enough to justify a self defence claim under Missouri State law. The prosecutors did a pretty good job of establishing an excellent case for the defence which would have stood up to a lot a proper adversarial examination at a full trial. Opinions differ on their motives for doing that. An objective inquiry? Cold feet about the prosecutor declaring 'no case' on his own? Too close a relationship between prosecutor and police?

[ 20. December 2014, 00:06: Message edited by: Barnabas62 ]
 
Posted by Moo (# 107) on :
 
AIUI prosecutors don't like bringing cases to trial when they are likely to lose. It makes them look bad.

Moo
 
Posted by mousethief (# 953) on :
 
quote:
Originally posted by Moo:
AIUI prosecutors don't like bringing cases to trial when they are likely to lose. It makes them look bad.

Moo

So justice in America is being eviscerated to salve DAs' egos. Sweet.
 
Posted by Barnabas62 (# 9110) on :
 
True. But they don't have to put a case before a grand jury at all. If they don't reckon they have a winnable case they can say so.

Three options.

Drop it

Go for probable cause nevertheless as a professional prosecutorial duty

Share your view of the evidence and get the grand jury to say 'no bill' for you.

After serious reflection, I don't like the third very much, that's all. It strikes me as a dubious use of a dubious process. Better to get a trial judge to consider probable cause in public than swamp a grand jury of lay people in private.

[ 20. December 2014, 00:57: Message edited by: Barnabas62 ]
 
Posted by Rossweisse (# 2349) on :
 
Since August 9, when the body of an unarmed 18-year-old lay in the sun for 4 1/2 hours on a street about 20 minutes from my house, I have asked myself if this matter could possibly have been handled any worse, by anyone concerned.

The answer, alas, is no.

Officer Wilson blew it. The Ferguson police department blew it. The St. Louis County police department blew it. The Ferguson city government blew it. The governor blew it, bigtime. (The hissing sound you hear is the air leaking out of Jay Nixon's vice-presidential trial balloons.) The out-of-town news media blew it. (Note to my colleagues, especially of the TV persuasion: Remember, we're supposed to cover the news, not make it.) The out-of-town protesters blew it. The county prosecutor blew it. And on, and on, and on.

Unfortunately, as much as I'd hoped that Wilson would get some sort of slap on the paddy-paw, I knew it was unlikely: Most laws favor law enforcement (with some justice), and Missouri law favors law enforcement more than most.

The worst thing, after the death of Mike Brown and the destruction of local businesses by criminals who do not live in Ferguson or depend upon said businesses, is the way that the St. Louis area is suffering and will suffer in years to come because negative reactions and perception. Never mind that this kind of injustice happens everywhere (are we calling for a boycott of New York because of the far more egregious Garner case?); St. Louis is taking the heat.

And that, I think, is truly unfortunate. This is a highly livable city, better on racism than Chicago (for instance), and it's now been largely awakened to injustice. We'll keep on working on it, though.
 
Posted by Golden Key (# 1468) on :
 
Re prosecuting only cases that can be won:

I've heard that cost is a factor, too.
 
Posted by Bullfrog. (# 11014) on :
 
quote:
Originally posted by mousethief:
quote:
Originally posted by Moo:
AIUI prosecutors don't like bringing cases to trial when they are likely to lose. It makes them look bad.

Moo

So justice in America is being eviscerated to salve DAs' egos. Sweet.
Yeah...that DA was really trying his best here...to do something...
 
Posted by Moo (# 107) on :
 
quote:
Originally posted by mousethief:
quote:
Originally posted by Moo:
AIUI prosecutors don't like bringing cases to trial when they are likely to lose. It makes them look bad.

Moo

So justice in America is being eviscerated to salve DAs' egos. Sweet.
Most people in any line of work don't want to do a bad job or be seen to do a bad job. This is normal human nature.

I think it's also a mistake to assume that a trial ending in an acquittal would satisfy those who are convinced that Wilson was guilty of murder. The outcome of Zimmermann's trial triggered protests by those who were convinced he was guilty.

(I would like some statistics on the outcome of trials when a grand jury has delivered a no bill. I suspect that very few such cases come to trial, and I would expect that almost all end in acquittal.

Moo
 
Posted by Doublethink. (# 1984) on :
 
In the UK the CPS won't bring cases they don't think they can win because it is seen as a waste of public money and resources.

They will bring cases considered to be in "the public interest" so, sometimes, may prosecute owing to strong public sentiment, or to clarify points of law.

For example, after the london riots, a lot of prosecutions were made for very minor offences - that might otherwise have resulted in cautions or been dropped entirely - because it was felt to be in the public interest to send the message that you don't take advantage of a situation like that to commit petty crime.
 
Posted by Bullfrog. (# 11014) on :
 
quote:
Originally posted by Moo:
quote:
Originally posted by mousethief:
quote:
Originally posted by Moo:
AIUI prosecutors don't like bringing cases to trial when they are likely to lose. It makes them look bad.

Moo

So justice in America is being eviscerated to salve DAs' egos. Sweet.
Most people in any line of work don't want to do a bad job or be seen to do a bad job. This is normal human nature.
If he "didn't want to be seen doing a bad job," then why did he do such a piss poor job?
 
Posted by Moo (# 107) on :
 
quote:
Originally posted by Bullfrog.:
If he "didn't want to be seen doing a bad job," then why did he do such a piss poor job?

I don't think he did, aside from calling that one witness who was clearly not to be believed. Can you tell me specifically what other things you think he did badly?

Moo
 
Posted by mousethief (# 953) on :
 
quote:
Originally posted by Moo:
quote:
Originally posted by mousethief:
quote:
Originally posted by Moo:
AIUI prosecutors don't like bringing cases to trial when they are likely to lose. It makes them look bad.

Moo

So justice in America is being eviscerated to salve DAs' egos. Sweet.
Most people in any line of work don't want to do a bad job or be seen to do a bad job. This is normal human nature.
There are times when one has to overcome one's normal human nature for the good of another. I should think that being a DA is a textbook case of this.
 
Posted by cliffdweller (# 13338) on :
 
quote:
Originally posted by Bullfrog.:
quote:
Originally posted by Moo:
quote:
Originally posted by mousethief:
quote:
Originally posted by Moo:
AIUI prosecutors don't like bringing cases to trial when they are likely to lose. It makes them look bad.

Moo

So justice in America is being eviscerated to salve DAs' egos. Sweet.
Most people in any line of work don't want to do a bad job or be seen to do a bad job. This is normal human nature.
If he "didn't want to be seen doing a bad job," then why did he do such a piss poor job?
To misquote Aaron Sorkin, instead of focusing on not looking like we're doing a bad job, it would be great if one focused on actually not doing a bad job.
 
Posted by Porridge (# 15405) on :
 
Aw, c'mon. There's no way the guy could avoid doing a bad job -- from somebody's point-of-view. Regardless of outcome, at least one major constituency would be totally pissed with him. Grand jury sides with the law enforcement contingent, and the citizenry is up in arms (and where prosecutors are elected, they risk not getting re-elected). Grand jury sides with the citizenry, and the prosecutor can pretty much put "paid" to his/her own professional future in terms of getting police cooperation with investigating and prosecuting other crimes. Lose/lose proposition all the way around.

That's why an independent body is needed for intervention in investigations of police wrongdoing; prosecutors have far too much stake in outcomes either way.
 
Posted by Rossweisse (# 2349) on :
 
quote:
Originally posted by Moo:
I don't think he did, aside from calling that one witness who was clearly not to be believed. Can you tell me specifically what other things you think he did badly?

Well, the questioning of Darren Wilson was amazingly poor; I could have done far better than that just off the top of my head, and I am but a simple music critic who has never trod a law school floor.

He'd obviously been prepped for a much tougher line, and was clearly surprised by the powder-puff sort-of grilling he got. He tossed the prosecutors all kinds of easy pitches (Brown's face "looked like a demon" - seriously?), and they whiffed every last one of them.

That troubles me. If you're going to step outside the normal grand jury routine, you'd better do it right, and be consistent. They were not remotely consistent.
 
Posted by Barnabas62 (# 9110) on :
 
I'm with Rossweisse on that issue, Moo. Darren Wilson's testimony was corroborated to some extent by both physical evidence, that of other witnesses, and his own recorded interview less than a day after the shooting. But it would be hard to say that it was fully tested by the questioning in the way you would normally expect from a prosecutor.

It looks very clear that they weren't pressing for an indictment. Which doesn't mean that the evidence under test was sufficient to support an indictment.

The other major criticism I've seen is that the prosecutors did not advise the grand jury properly about the law concerning the hearing, and only corrected that at a late stage. That's a pretty major fault.
 
Posted by mousethief (# 953) on :
 
quote:
Originally posted by Porridge:
Aw, c'mon. There's no way the guy could avoid doing a bad job -- from somebody's point-of-view. Regardless of outcome, at least one major constituency would be totally pissed with him.

Again, I don't give a fuck who gets pissed with him. I give a fuck that he do his best to see that justice is done. Moo's post suggests that he be given some leniency for not doing his job properly because of his fears about how he will be perceived.
 
Posted by Porridge (# 15405) on :
 
quote:
Originally posted by mousethief:
quote:
Originally posted by Porridge:
Aw, c'mon. There's no way the guy could avoid doing a bad job -- from somebody's point-of-view. Regardless of outcome, at least one major constituency would be totally pissed with him.

Again, I don't give a fuck who gets pissed with him. I give a fuck that he do his best to see that justice is done. Moo's post suggests that he be given some leniency for not doing his job properly because of his fears about how he will be perceived.
mousethief, I get that, and in truth, I agree with you . . . probably. The real problem here is that in this situation, justice is very much in the eye of the beholder. That's what really divides the factions.
 
Posted by lilBuddha (# 14333) on :
 
Justice is in the eye of the stake holder.
Those with less stake in an outcome will view the same event differently. Not necessarily more objectively, but differently.
 
Posted by Palimpsest (# 16772) on :
 
Ferguson prosecutor says he knew witness lied.

quote:
Well, early on, I decided that anyone who claimed to have witnessed anything was going to be presented to the grand jury.

And I knew that no matter how I handled it, there would be criticism of it. So if I didn’t put those witnesses on, then we’d be discussing now why I didn’t put those witnesses on. Even though their statements were not accurate.

He later in the interview said he would not charge any of the witnesses with perjury who "absolutely lied" because he thought it was more important to present the entire picture.

The prosecutors acknowledgement raises legal issues. According to Missouri Rules of Professional Conduct, RULE 4-3.3, “A lawyer shall not knowingly offer evidence that the lawyer knows to be false.”According to Missouri Rules of Professional Conduct, RULE 4-3.3, “A lawyer shall not knowingly offer evidence that the lawyer knows to be false.” The counter argument is that "not knowingly" means not having actual evidence of falsity at the time of testimony".
 
Posted by Barnabas62 (# 9110) on :
 
In McCulloch's interview, I think I can spot a difference between knowing in advance that some people were lying and being clear now that some people were lying.

If the prosecutors did know (i.e. have proof) in advance of calling those witnesses, rather than just being highly sceptical of their stories, then they broke those rules of professional conduct.

But of course McCulloch knows that. Doesn't mean that he knew all the details of what the police and the assistant prosecutors knew. I think he preserved personal deniability.

Just another case of "what did they know and when did they know it".

(I wonder just how deep in the doggy-doo-daa McCulloch is at this point in time?)
 
Posted by Golden Key (# 1468) on :
 
If district attorney is an elected position there, then that's probably a factor in all this: wanting to at least seem like you're doing your duty (however that's defined), and like you've got clean hands.
 
Posted by Barnabas62 (# 9110) on :
 
He's elected; was elected in 1991 and re-elected for the 6th time this year. He's a Democrat.
 
Posted by rolyn (# 16840) on :
 
News from New York re. the murder of 2 policemen initially looked like the Freedom Movement putting itself back by about 50 years. One might hope that someone somewhere will soon say 'Look, all this can't go on'.

Probably a little optimistic but, in spite of the latest tragedy, could the US be on the cusp of a real change to race relations in the Police force similar to what was seen here after the Stephen Lawrence inquiry?
 
Posted by romanlion (# 10325) on :
 
quote:
Originally posted by rolyn:
News from New York re. the murder of 2 policemen initially looked like the Freedom Movement putting itself back by about 50 years. One might hope that someone somewhere will soon say 'Look, all this can't go on'.

Probably a little optimistic but, in spite of the latest tragedy, could the US be on the cusp of a real change to race relations in the Police force similar to what was seen here after the Stephen Lawrence inquiry?

[Killing me]

Rather quiet here the last day or so. Strange considering recent developments….

Tough Christmas for some NYPD kids this year, but on the bright side there is one less worthless piece of shit roaming the streets. Hopefully his friends and family will do the world a favor and blow their own brains out as well.

You want dead cops? Be careful what you wish for….
 
Posted by Golden Key (# 1468) on :
 
quote:
Originally posted by romanlion:

Tough Christmas for some NYPD kids this year, but on the bright side there is one less worthless piece of shit roaming the streets. Hopefully his friends and family will do the world a favor and blow their own brains out as well.

Did you really just say that???
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by romanlion:

Rather quiet here the last day or so. Strange considering recent developments….

Perhaps some of us are above using tragic death to score points.
 
Posted by Doc Tor (# 9748) on :
 
quote:
Originally posted by romanlion:
You want dead cops? Be careful what you wish for….

Who here, over the last sixteen pages, has said that?

We'll be happy to wait while you forensically read each and every post and come up with examples. Convene back here some time in the New Year?
 
Posted by Gramps49 (# 16378) on :
 
Let me set the scene

Steptoe, WA is a tiny hamlet in rural Washington, about 50 miles south of Spokane. It is intersected by US Highway 195. Over the past week it has had a lot of rain.

A man's dog does not return after being let out to do its business. The man puts on his coat and starts out looking for his dog.

As the man is walking around he spots a sheriff's patrol car watching the traffic on 195.

The man decides to go over to the patrol car to aske the deputy if he has seen a stray dog. The man says he has his hands in his coat pocket.

When he approaches the car the deputy has the window down. As he begins to talk to the deputy, the man notes the deputy has his firearm out on his lap with the safety off. The man asks about the dog, the deputy has not seen it. The man then asks why the deputy had his firearm out at the ready. The deputy replys the man had his hands in his coar pocket.

The man writes a letter of complaint to the sheriff's office and to the local paper about the incident!

The letter appeared the day the NYC cops were shot.

I would hope the man will withdraw the complaint and the letter in light of what happened in NYC.

If I had been the deputy I would also have had my gun drawn and at the ready if a man approached my car with his hands in his pocket.

I have learned when approaching an officer as a civilian to also keep my hands in the open. No need to become an unfortunate statistic.

In the US the ten year average for cops being killed in the line of duty is 54. This year there have been 49 cops killed. However, 12 of those were assisinations of police because of who they were, an all time hi.

The USA is a violent society. We have to find ways of reducing the violence.

It is time to tone down the rhetoric. However it is time to provide better training of police as well. And prosecutors need to be more aggressive in bringing cases against cops that go beyond appropriate behavior as well.
 
Posted by rolyn (# 16840) on :
 
quote:
Originally posted by Gramps49:
The USA is a violent society. We have to find ways of reducing the violence.

Agreed. I certainly do not wish cops, or anyone else, dead in the USA.

My point was that the actions of the person who murdered the 2 NY Policemen did a darn site more harm to his cause than good. Something not lost on community leaders in Ferguson who were quick to condemn it.
It was also a plea for a new consensus. Judging by romanlion's response any such suggestion seems likely to fall on deaf ears at present.
 
Posted by mousethief (# 953) on :
 
I think the man erred in three ways: 1, approaching a cop with hands in pockets, 2, inquiring about police business that was none of his business, and 3, publicly bitching about it. Moron.

I hope he got his dog home safe however.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by Gramps49:
If I had been the deputy I would also have had my gun drawn and at the ready if a man approached my car with his hands in his pocket.

And this is as sad an indictment of the state of the USA as any. Well, that, and the cop in Cleveland who immediately assumed that a kid with a toy gun had a real gun.

Correct me if I'm wrong, but December in the Pacific Northwest is somewhat chilly, yes? If I see a man with his hands in his pockets here in winter, I assume it's because he doesn't want his hands to get cold. But I live somewhere where the odds of someone carrying a weapon in their pocket are tiny.

[ 23. December 2014, 21:32: Message edited by: orfeo ]
 
Posted by Doublethink. (# 1984) on :
 
I would think this would be a good argument for a bulletproof car, and a two way microphone.
 
Posted by Doc Tor (# 9748) on :
 
quote:
Originally posted by mousethief:
I think the man erred in three ways: 1, approaching a cop with hands in pockets, 2, inquiring about police business that was none of his business, and 3, publicly bitching about it. Moron.

I hope he got his dog home safe however.

I'm so very glad that I live somewhere where none of those would be considered out of the ordinary, let alone an 'error'. Police are public servants, and are accountable to us almost exactly in the way that we aren't accountable to them.
 
Posted by saysay (# 6645) on :
 
quote:
Originally posted by rolyn:
My point was that the actions of the person who murdered the 2 NY Policemen did a darn site more harm to his cause than good.

To his cause?

Do we have evidence that he was involved in trying to change the way police interact with civilians in any meaningful way? Had he so much as attended a peaceful protest?

Because from my point of view, what he have is someone who got fed up, shot his girlfriend (who had military training), posted a common military strategy (for every one of ours killed, we'll kill two of theirs), and then killed two cops.

I think it's a bit of a stretch to claim that he was working towards a cause (I have my doubts that he even thinks he was).

quote:
Originally posted by mousethief:
I think the man erred in three ways: 1, approaching a cop with hands in pockets, 2, inquiring about police business that was none of his business, and 3, publicly bitching about it. Moron.

And I think the cop erred by taking out his weapon and taking off the safety without so much as saying 'sir, place and keep your hands where I can see them.' Hell, you can get rid of the 'sir' for all I care.

Yes, of course, always keep your hands in plain sight, don't make any sudden movements, ask permission for any movements you do make, police officers are not your friends so it's best not to interact with them unless you have to (meaning that the cop wants to interact with you), etc. are all Cop 101 and things they teach small children around here.

The point is that those are things we're trying to change.

Is it really too much to ask that the cops give us clear instructions on what they would like us to do before they go putting their hands on us or drawing and using their weapons? If he thought the guy was dangerous (because only a crazy person would willing talk to a cop, ergo, someone doing that must be dangerous), why go straight to the heaviest weapon in his arsenal?
 
Posted by mousethief (# 953) on :
 
quote:
Originally posted by saysay:
quote:
Originally posted by rolyn:
My point was that the actions of the person who murdered the 2 NY Policemen did a darn site more harm to his cause than good.

To his cause?

Do we have evidence that he was involved in trying to change the way police interact with civilians in any meaningful way? Had he so much as attended a peaceful protest?

Don't all black people have the same cause? </sarcasm>
 
Posted by Porridge (# 15405) on :
 
quote:
Originally posted by Doublethink.:
I would think this would be a good argument for a bulletproof car, and a two way microphone.

It's an even better argument for emigrating.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by saysay:
quote:
Originally posted by rolyn:
My point was that the actions of the person who murdered the 2 NY Policemen did a darn site more harm to his cause than good.

To his cause?

Do we have evidence that he was involved in trying to change the way police interact with civilians in any meaningful way? Had he so much as attended a peaceful protest?

Because from my point of view, what he have is someone who got fed up, shot his girlfriend (who had military training), posted a common military strategy (for every one of ours killed, we'll kill two of theirs), and then killed two cops.

I think it's a bit of a stretch to claim that he was working towards a cause (I have my doubts that he even thinks he was).

Have to say that I agree with you. I thought it was very odd to say that there was a 'cause' involved here.

Heck, even when people CLAIM causes it should be taken with a grain of salt. Sometimes people are just trying to justify their actions by appealing to something bigger than themselves.
 
Posted by Gwai (# 11076) on :
 
quote:
Originally posted by orfeo:
Correct me if I'm wrong, but December in the Pacific Northwest is somewhat chilly, yes? If I see a man with his hands in his pockets here in winter, I assume it's because he doesn't want his hands to get cold.

This! It was a brisk day today here, but not cold enough for gloves, so I had my hands in my pockets a lot when outside. You know what, I don't think anyone ever though I had a gun all day even though I walked past multiple security people/cops.
 
Posted by mousethief (# 953) on :
 
quote:
Originally posted by Gwai:
quote:
Originally posted by orfeo:
Correct me if I'm wrong, but December in the Pacific Northwest is somewhat chilly, yes? If I see a man with his hands in his pockets here in winter, I assume it's because he doesn't want his hands to get cold.

This! It was a brisk day today here, but not cold enough for gloves, so I had my hands in my pockets a lot when outside. You know what, I don't think anyone ever though I had a gun all day even though I walked past multiple security people/cops.
"walk past" <> "walk up to"
 
Posted by Palimpsest (# 16772) on :
 
quote:
Originally posted by mousethief:
quote:
Originally posted by Gwai:
[This! It was a brisk day today here, but not cold enough for gloves, so I had my hands in my pockets a lot when outside. You know what, I don't think anyone ever though I had a gun all day even though I walked past multiple security people/cops.

"walk past" <> "walk up to"
That depends on what color you are:
policeman stops man walking with hands in his pocket
 
Posted by Barnabas62 (# 9110) on :
 
quote:
Originally posted by Porridge:
quote:
Originally posted by Doublethink.:
I would think this would be a good argument for a bulletproof car, and a two way microphone.

It's an even better argument for emigrating.
And now this.
 
Posted by Golden Key (# 1468) on :
 
Oh, boy. [Votive]
 
Posted by orfeo (# 13878) on :
 
It will be interesting to see just which attributes of the dead person make the headlines: his ethnicity, his location, his age or his weaponry.

Because I noticed already that while the full headline has all 4 of these, only one gets put in quotes. And the shortened version in the popular stories at the side loses 'armed' altogether.
 
Posted by orfeo (# 13878) on :
 
ADDENDUM: In fact, I think that that headline shows every sign of trying to deprioritise, or cast doubt on the single factor that would be the most important to a police officer in a confrontation, but probably the least important to a media that wants to fit everything into existing boxes.

Because a whole variety of other 'armed' people shot dead by police would barely be news. But a police officer faced with a gun could be just as dead regardless of who, precisely, is holding it, and will react accordingly.
 
Posted by Doc Tor (# 9748) on :
 
'Armed' people are shot dead by police the world over. Some of them are even subsequently proved to have been so armed.
 
Posted by Porridge (# 15405) on :
 
As a US citizen in a state where the General Court (state reps) have once again changed the rules to allow weapons (open OR concealed) to be carried in the House chambers, I begin to feel like a porcelain tea cup perched on the rim of a powder keg.

I don't know whether to be relieved or guilty about not running for re-election.
 
Posted by jbohn (# 8753) on :
 
quote:
Originally posted by Porridge:
As a US citizen in a state where the General Court (state reps) have once again changed the rules to allow weapons (open OR concealed) to be carried in the House chambers, I begin to feel like a porcelain tea cup perched on the rim of a powder keg.

I guess I wouldn't be too concerned, to be honest - it's been legal here for quite some time, and the only effect it's had day-to-day was one loonjob (thankfully ex-) Senator wearing a bulletproof vest outside his clothing and disrupting the Legislature to protest.

It should be noted here that state law here requires a permit holder to notify the Commissioner of Public Safety he/she intends to carry a firearm in the Capitol Area (once, not each time), but that's as far as it goes.
 
Posted by JoannaP (# 4493) on :
 
I read this piece yesterday and I am still stunned:

quote:
Reuters interviewed 25 African American male officers on the NYPD, 15 of whom are retired and 10 of whom are still serving. All but one said that, when off duty and out of uniform, they had been victims of racial profiling,

The officers said this included being pulled over for no reason, having their heads slammed against their cars, getting guns brandished in their faces, being thrown into prison vans and experiencing stop and frisks while shopping. The majority of the officers said they had been pulled over multiple times while driving. Five had had guns pulled on them.

quote:
and about one third said they made some form of complaint to a supervisor.
All but one said their supervisors either dismissed the complaints or retaliated against them by denying them overtime, choice assignments, or promotions.

Whisky Tango Foxtrotting Foxtrot?

Who are the NYPD accountable to?
 
Posted by Kelly Alves (# 2522) on :
 
Other people in the NYPD, at this point. That is part of the problem.
 
Posted by Golden Key (# 1468) on :
 
There's a rapper in Oakland who's become a cop. After Oscar Grant was shot, Jinho "The Piper" Ferreira decided the only way the situation was going to change was if people like him became cops. He also does a one-man show called "Cops and Robbers".

(The KQED public radio show "Forum" happened to rerun that today.)
 
Posted by Porridge (# 15405) on :
 
quote:
Originally posted by jbohn:
I guess I wouldn't be too concerned, to be honest

We don't even have metal detectors. We have one (1) state trooper stationed in the gallery to watch over our fourth-graders when they attend sessions for their obligatory field trip. Nobody's required to report anything to anybody.

Plus a couple of years ago. a citizen came hustling down an aisle at a hearing waving something in the air (turned out to be written testimony he forgot to submit) and (before someone tackled him to the ground) had two guns trained on him.

And then there was the doofus who dropped his piece on the floor while making a parliamentary inquiry.

Bear in mind that this is a state where legislators called in Orly Taitz a couple years back in an effort to get Obama off the ballot for the last election. There was also a call for legislation to require that all new laws refer to the Magna Carta. Nope; I don't feel all that safe.
 
Posted by Golden Key (# 1468) on :
 
Actually, I think jbohn's senator had the right idea, with the bullet-proof vest.
 
Posted by Golden Key (# 1468) on :
 
And more "protests" in Oakland: a scheduled demonstration went bad right away. They started by trying to grab a news camera, then smashed windows and looted, and trashed the Christmas tree in the Jack London Square shopping area. Cops took a hands-off approach. Local activists are trashing the protestors on social media. (Per KPIX TV news, just now.)
 
Posted by Kelly Alves (# 2522) on :
 
The Oakland Occupy folk have always expressed zero tolerance for violent protest. There is no way you ( rhetorical-- not you, GK) are gonna get me to believe that they arranged that. I would be far more ready to believe that individuals interested in giving the protests a political black eye stirred things up, and after that, there are always people stupid enough to follow along...
 
Posted by Moo (# 107) on :
 
quote:
Originally posted by Barnabas62:
And now this.

That site had a list of people killed by police in the US. I notice that every victim whose photo they show was black. There was a fatal shooting by police about ten miles from here in September. It was shown that the victim was pointing a gun at the police when he was killed, and the shooting was ruled justified.

The victim was white; I wonder if he would have made the statistics if he had been black.

Moo
 
Posted by chris stiles (# 12641) on :
 
quote:
Originally posted by Moo:
I notice that every victim whose photo they show was black. There was a fatal shooting by police about ten miles from here in September. It was shown that the victim was pointing a gun at the police when he was killed, and the shooting was ruled justified.

The victim was white; I wonder if he would have made the statistics if he had been black.

If you read the stories, every victim who they pictured was also unarmed.
 
Posted by Doc Tor (# 9748) on :
 
quote:
Originally posted by Moo:
It was shown that the victim was pointing a gun at the police when he was killed, and the shooting was ruled justified.

Shown by whom? Justified by whom?

Because you seem to be at the point where if you can justify killing an unarmed man, you can justify pretty much anything.
 
Posted by lilBuddha (# 14333) on :
 
There are multiple problems re policing in America, ISTM.
One it training. UK police recieve far more training than the vast majority of American police. If they, UK, are then going to be considered to be allowed arms, they Must pass additional training. In the US, one can be wielding military combat weaponry against unarmed citizens with little more training than Paul Blart. sorry, that is two problems; armed and poorly trained.
To go along with that is the us v. Them attitude of the typical American cop.
 
Posted by Doublethink. (# 1984) on :
 
I was surprised how big the difference is, US seems to be about three or four months - UK police spend two years before qualifying.
 
Posted by lilBuddha (# 14333) on :
 
I was going to make a very snide comment, but ISTM it is the States rights v. Federal control thing. ETA: The Federal Government gives an outline of regulation that the States are meant to fill in. The States often do not as their citizens refuse "interference" even if it benefits them.
The health care debate is another example.
The American comedy sketch show Key and Peale* had a very apropos sketch. A man rips a newly transplanted heart from his own chest when he finds it was funded by the Federal Obama care programme.


*Highly recommended.

[ 29. December 2014, 17:07: Message edited by: lilBuddha ]
 
Posted by Palimpsest (# 16772) on :
 
quote:
Originally posted by Porridge:
As a US citizen in a state where the General Court (state reps) have once again changed the rules to allow weapons (open OR concealed) to be carried in the House chambers, I begin to feel like a porcelain tea cup perched on the rim of a powder keg.

A few years back in Seattle, a man who had been in court for a divorce proceeding showed up the next day with a gun to give the judge some feedback. He was arrested and the court very quickly got metal detectors and security guards. I was amused when some citizen filed a lawsuit saying the security infringed their second amendment rights to bear arms. The judge ruled against the lawsuit in about 20 minutes. Apparently you don't have a right to bear arms around a judge. I believe the same has happened at the Supreme Court when they instituted security.
 
Posted by Moo (# 107) on :
 
quote:
Originally posted by Doc Tor:
quote:
Originally posted by Moo:
It was shown that the victim was pointing a gun at the police when he was killed, and the shooting was ruled justified.

Shown by whom? Justified by whom?

Because you seem to be at the point where if you can justify killing an unarmed man, you can justify pretty much anything.

If someone points a gun at a policeman, the policeman will tell him to drop it. If he does not, the policeman will shoot. The problem is that the policeman can't tell whether the gun is loaded or not, and he can't afford to wait until a bullet enters his body to find our.

Moo
 
Posted by Doc Tor (# 9748) on :
 
quote:
Originally posted by Moo:
quote:
Originally posted by Doc Tor:
quote:
Originally posted by Moo:
It was shown that the victim was pointing a gun at the police when he was killed, and the shooting was ruled justified.

Shown by whom? Justified by whom?

Because you seem to be at the point where if you can justify killing an unarmed man, you can justify pretty much anything.

If someone points a gun at a policeman, the policeman will tell him to drop it. If he does not, the policeman will shoot. The problem is that the policeman can't tell whether the gun is loaded or not, and he can't afford to wait until a bullet enters his body to find our.
Of course they'll do that. Then there's the time when the dead guy had something that looked like a gun, then another time when he reached for his ID and the officer thought it might be gun, and another time when he was walking around with his hands in his pockets and had headphones on under his hat and couldn't hear the officer.

They'll do it then, too.
 
Posted by Moo (# 107) on :
 
In the case I referred to, it was a gun. What do you think the police should have done when the man failed to drop it when ordered to do so?

Moo
 
Posted by Golden Key (# 1468) on :
 
What about deaf suspects? I just did a search on "deaf shot by police", and got lots of hits. If the police are relying on giving verbal orders to a suspect...
 
Posted by Horseman Bree (# 5290) on :
 
Seems appropriate to drop this discussion of Michael Jackson into the stew pot.

Even whites are beginning to realise the problem of privilege and being unaware (by choice): "angry" blacks are the reason for all this trouble. George Orwell realised this before WW2.
 
Posted by romanlion (# 10325) on :
 
quote:
Originally posted by Horseman Bree:


Even whites are beginning to realise (sic) the problem of privilege...

Damn right they are! Those damned Asians...Brinsley had the right idea targeting that slant, with his higher average income, education, and his longer life expectancy.

Bastards....

[ 30. December 2014, 03:12: Message edited by: romanlion ]
 
Posted by lilBuddha (# 14333) on :
 
WTF?

BTW Realize that realise needs no (sic) It was written thus because it is written thus. But I'm not surprised.
 
Posted by Doc Tor (# 9748) on :
 
quote:
Originally posted by Moo:
In the case I referred to, it was a gun. What do you think the police should have done when the man failed to drop it when ordered to do so?

If you point a gun at a cop, you're probably going to die. If a cop thinks you're pointing a gun at him, you're probably going to die. If a cop thinks you're about to point a gun at him, you're probably going to die. If a cop doesn't care whether you're reaching for ID or a gun, you're probably going to die. If a cop doesn't wait for you to respond to a shouted order, you're probably going to die.

The argument isn't whether the dead guy pointed a gun at the cops or not. It's how rigorous the investigation is and whether it relies solely or mostly on the testimony of the cops who shot a man dead and have every reason to say they "feared for their lives".
 
Posted by Eliab (# 9153) on :
 
quote:
Originally posted by romanlion:
quote:
Originally posted by Horseman Bree:


Even whites are beginning to realise (sic) the problem of privilege...

Damn right they are! Those damned Asians...Brinsley had the right idea targeting that slant, with his higher average income, education, and his longer life expectancy.

Bastards....

I get that you are making these ostensibly racist comments expecting the irony to be readily apparent. Perhaps it is. All the same, it seems to me to be a most unhelpful way to engage in Purgatory, because in a text-based medium where not everyone has the same linguistic expectations, it risks being seen as much more inflammatory than was intended.

You cannot count on being perfectly understood, and are therefore requested to avoid comments of this sort.

Eliab
Purgatory host
 
Posted by lilBuddha (# 14333) on :
 
ISTM, the New York police reaction to their mayor, especially the bastard of a ploice union boss, after the deaths of the two policemen typify a major underlying problem with police, American police in particular. Criticism, no matter how correct or how gentle is viewed as an attack.
 
Posted by Soror Magna (# 9881) on :
 
quote:
Originally posted by Doc Tor:
.... The argument isn't whether the dead guy pointed a gun at the cops or not. It's how rigorous the investigation is and whether it relies solely or mostly on the testimony of the cops who shot a man dead and have every reason to say they "feared for their lives".

It's like a script to "get out of jail free": Cop A shoots Citizen B for whatever reason or no reason at all. All Cop A has to do is say that B appeared to be armed, and that A feared for her/his life, and that makes it all ok. Repeat ad nauseam and it's no wonder people are sick of it.

Man shot and killed by transit police

Oh, look, another one. Crazy shirtless guy is running around the grocery store stabbing himself. ' "They started talking to him, issuing commands, directions to drop the knife," she said. "He refused to do so. He advanced on the officers and shots were fired." '

This guy hadn't hurt anyone but himself before the police arrived; it was the police who turned the situation deadly. They couldn't back away from one guy with a knife? They couldn't try to calm him down or wait for him to get tired? They couldn't clear the store and wait for an ambulance? No, they followed the standard police procedure: they yelled multiple instructions at a person who was clearly not in his right mind and then shot him.
 
Posted by Porridge (# 15405) on :
 
Hold on, now. While I don't condone shooting people, let's also bear in mind that Monday-morning quarterbacking is a lot easier than the Sunday-night game-play reality.

My work involves people who occasionally pull some pretty crazy shit. There's no way for your average bystander, or cop (or MH professional for that matter), to ascertain with confidence that a guy running around stabbing himself might not suddenly start stabbing others at any moment, especially if he's panicking. He's unpredictable, incoherent, and a cop's voice may not be quite as loud as the ones this guy might be hearing in his head.

Furthermore, if he's cutting himself enough to bleed, he needn't point his knife at others to potentially put them at risk. He could have hepatitis, he could be HIV-positive -- and people don't normally dress for the grocery store with 2 layers of rubber gloves and a set of goggles, just-in-case.

I grant you, a taser would be preferable to bullets in such situations. But even tasers have sometimes resulted in fatal outcomes.
 
Posted by Leorning Cniht (# 17564) on :
 
quote:
Originally posted by Porridge:

Furthermore, if he's cutting himself enough to bleed, he needn't point his knife at others to potentially put them at risk. He could have hepatitis, he could be HIV-positive -- and people don't normally dress for the grocery store with 2 layers of rubber gloves and a set of goggles, just-in-case.

I'm pretty sure that shooting him will also distribute his potentially dangerous blood...
 
Posted by Doc Tor (# 9748) on :
 
quote:
Originally posted by Porridge:
I grant you, a taser would be preferable to bullets in such situations. But even tasers have sometimes resulted in fatal outcomes.

And at that point, no one would have said they used inappropriate force.

Whereas, if you shoot a guy, repeatedly, that's pretty much a decision to kill him there and then. I mean, I have to assume if the cops have handguns, they also have tasers.
 
Posted by Leorning Cniht (# 17564) on :
 
quote:
Originally posted by Doc Tor:
I mean, I have to assume if the cops have handguns, they also have tasers.

In the US, that would be a bad assumption. All cops carry a sidearm. The majority do not carry a taser.
 
Posted by Doc Tor (# 9748) on :
 
Ok. So it's lethal force or nothing.

That strikes me as the end point of a particularly poor set of decisions.
 
Posted by Soror Magna (# 9881) on :
 
quote:
Originally posted by Porridge:
Hold on, now. While I don't condone shooting people, let's also bear in mind that Monday-morning quarterbacking is a lot easier than the Sunday-night game-play reality.

As citizens, we are responsible for what police do on our behalf. We have the obligation to review and critique what our public servants do. If my boss tells me I've screwed up, I'm expected to improve, not argue back that she wasn't there so she can't tell me how to do my job.

quote:
My work involves people who occasionally pull some pretty crazy shit. There's no way for your average bystander, or cop (or MH professional for that matter), to ascertain with confidence that a guy running around stabbing himself might not suddenly start stabbing others at any moment, especially if he's panicking. He's unpredictable, incoherent, and a cop's voice may not be quite as loud as the ones this guy might be hearing in his head. ....
And yet all those mental health professionals and others manage to do their jobs without shooting their patients when they get out of control. And while health professionals (not just in psychiatry, either) are indeed at a high risk of being assaulted at work, we would never consider arming them. Perhaps because the idea of a nurse shooting a patient who isn't complying with instructions seems, well, insane.
 
Posted by saysay (# 6645) on :
 
quote:
Originally posted by Doc Tor:
Ok. So it's lethal force or nothing.

That strikes me as the end point of a particularly poor set of decisions.

I'm starting to appreciate the fact that the cops around here just give PTSD-suffering veterans severe beatings sometimes. I mean, they sometimes beat someone to death, but...
 
Posted by Golden Key (# 1468) on :
 
Re guns vs. tasers:

When a transit copy shot Oscar Grant in Oakland, CA several years ago, his defense was that he thought he'd pulled out his taser.
 
Posted by Porridge (# 15405) on :
 
quote:
Originally posted by Soror Magna:
As citizens, we are responsible for what police do on our behalf. We have the obligation to review and critique what our public servants do. If my boss tells me I've screwed up, I'm expected to improve, not argue back that she wasn't there so she can't tell me how to do my job.

As has been made abundantly clear in the previous pages, our "obligation to review and critique what our public servants do" doesn't mean squat when the police and public prosecutors get put in charge of the review and critique process.

quote:
Originally posted by Soror Magna:
And yet all those mental health professionals and others manage to do their jobs without shooting their patients when they get out of control. And while health professionals (not just in psychiatry, either) are indeed at a high risk of being assaulted at work, we would never consider arming them. Perhaps because the idea of a nurse shooting a patient who isn't complying with instructions seems, well, insane.

Look, I'm not arguing with you, especially not as someone who has only recently returned to full-time duty after in fact being attacked by a client. And no, I didn't shoot him. Neither am I defending cops shooting civilians, criminal, crazy, or otherwise. I am simply pointing out that (A) we're all pretty good at figuring out afterward what SHOULD have happened; and (B) we rarely know all the details of what DID happen (in my own case, having lost consciousness during the attack, I certainly couldn't supply full details); and (C) cops, like the rest of us, are human, and screw up.
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by Porridge:
(C) cops, like the rest of us, are human, and screw up.

But this is not an acceptable excuse.
 
Posted by Kelly Alves (# 2522) on :
 
Cops are human and screw up, but we are told to do what they say when they say it, so their level of acountability should match the level of authority they are given.
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by Kelly Alves:
Cops are human and screw up, but we are told to do what they say when they say it, so their level of acountability should match the level of authority they are given.

This is what I was saying, except I was talking about the guns. When you have the authority to kill...
 
Posted by Kelly Alves (# 2522) on :
 
Exactly.
 
Posted by Autenrieth Road (# 10509) on :
 
Cops accusing cops of wrongdoing (and afraid that the internal investigation will cover up for the accused cops). My my my, I wonder which way the NYPD will spin this one?

NYPD cops to sue city for $70M for daughter’s crash injuries
 
Posted by Moo (# 107) on :
 
I came across an interesting article about police-public interactions in New York City.

Moo
 
Posted by Dave W. (# 8765) on :
 
quote:
Originally posted by Moo:
I came across an interesting article about police-public interactions in New York City.

Moo

That's not an "article" - it's an opinion column by a conservative pundit and former speechwriter for Reagan and G.H.W.Bush - a man who wrote that George W. Bush was "the first great leader of the 21st century."
 
Posted by Porridge (# 15405) on :
 
In addition, comparing the comparatively few victims of fatal cop-shootings to the number of civilian-law enforcement interactions ignores the reality of differential treatment (often outright harassment) of African Americans, which is what the Ferguson unrest really boils down to. "Few overall deaths" doesn't equate to "African-Americans receive decent and equal treatment by law enforcement."
 
Posted by Moo (# 107) on :
 
quote:
Originally posted by Dave W.:
That's not an "article" - it's an opinion column by a conservative pundit and former speechwriter for Reagan and G.H.W.Bush

Can you show that his numbers are incorrect?

Moo
 
Posted by chris stiles (# 12641) on :
 
quote:
Originally posted by Moo:
quote:
Originally posted by Dave W.:
That's not an "article" - it's an opinion column by a conservative pundit and former speechwriter for Reagan and G.H.W.Bush

Can you show that his numbers are incorrect?

Moo

Why? His central thesis rests on one unsupported claim:

"These remarkable numbers are entirely due to the extraordinary turnaround in the city’s quality of life, as measured by an overall crime drop nearing 80 percent ..

New York City has repopulated, has revivified, has survived and thrived. The people whose daily work has made all this possible are the 34,500 officers of the NYPD."

Where is his evidence for this? There a fairly serious body of academic work that suggests that the crime rate reduction was caused largely by demographic changes.
 
Posted by Dave W. (# 8765) on :
 
quote:
Originally posted by Moo:
quote:
Originally posted by Dave W.:
That's not an "article" - it's an opinion column by a conservative pundit and former speechwriter for Reagan and G.H.W.Bush

Can you show that his numbers are incorrect?

Moo

Why would I? I don't see any way in which they show that the NYPD is particularly good or bad - do you?
 
Posted by Moo (# 107) on :
 
quote:
Originally posted by chris stiles
Where is his evidence for this? There a fairly serious body of academic work that suggests that the crime rate reduction was caused largely by demographic changes.

quote:
Originally posted by Dave W
quote:
Originally posted by Moo
Can you show that his numbers are incorrect?

Why would I? I don't see any way in which they show that the NYPD is particularly good or bad - do you?
I think you two don't realize what has happened in New York City over the past two weeks. At a protest march people chanted, "What do we want? Dead cops. When do we want them? Now" Here is a video. Less than two weeks later two policemen sitting in a patrol car were shot and killed. Here is the news story. The article I linked to was making the point that New Yorkers would be a hell of a lot worse off if it weren't for the police. Some New Yorkers appear not to believe this.

If I were a New York policeman, I would go into a different line of work or find a job someplace where the police are not considered the enemy.

Moo
 
Posted by chris stiles (# 12641) on :
 
quote:
Originally posted by Moo:

The article I linked to was making the point that New Yorkers would be a hell of a lot worse off if it weren't for the police.

I don't think either of us were debating that - it was his further point which seemed be (in context) that any problems surrounding the police were statistical anomalies.

[And seriously, finding some un-sourced claim on the Internet isn't making a serious argument, otherwise every thread would be a competition of linking unsourced claims and demanding the other side prove they weren't true, until someone cried Uncle].

So while we are at it, let's link a photograph from a protest by the 'other side':

https://pbs.twimg.com/media/B5QEwI7IAAEwPLn.jpg:large

[ 02. January 2015, 12:26: Message edited by: chris stiles ]
 
Posted by Gwai (# 11076) on :
 
quote:
Originally posted by Moo:
If I were a New York policeman, I would go into a different line of work or find a job someplace where the police are not considered the enemy.

Moo

If I were a NYC police officer, I would already have gone into another line of work: I remember being a six year old in Greenwich Village (NYC) and my classmate in show and tell shared a picture of her beloved big brother's stitches. He (African-American) had smart-talked a police officer and had the shit beaten right out of him. She basically told us he had said some stupid things, but because of her honesty re the stupid insults, I believe she really did get the whole story when he told her he had never been threatening or disobeyed those police. What struck me almost as much as that gory picture or the scared girl was the reaction of the adults. They seemed to all think that was wrong, but predictable. As long as it is predictable and normal that young black men who are rude to the police will get the shit kicked out of them, then I cannot stand with the police. As long as the police reaction to criticism is not "Yes, and we will retrain until this is not a problem, we will punish offenders" I cannot stand with the police. As long as the police defend the oppressors in their midst, I cannot stand with the police even though they are mostly good people who are protecting us. As long as Shaniqua's brothers injuries are normal, I cannot stand with the police.
 
Posted by Porridge (# 15405) on :
 
Gwai: [Overused]

And once again, Moo, you (and the writer of the editorial you linked to) have chosen to ignore the differential treatment of New Yorkers of different races.

If NYPD personnel do not want to be viewed as "the enemy," then they need to ensure that the bad apples in their midst stop behaving like "the enemy."

When, instead, the police form a solid blue wall in defense of an officer clearly in the wrong for using an illegal chokehold, they are most likely to be seen as they enemy.
 
Posted by Dave W. (# 8765) on :
 
quote:
Originally posted by Moo:
quote:
Originally posted by chris stiles
Where is his evidence for this? There a fairly serious body of academic work that suggests that the crime rate reduction was caused largely by demographic changes.

quote:
Originally posted by Dave W
quote:
Originally posted by Moo
Can you show that his numbers are incorrect?

Why would I? I don't see any way in which they show that the NYPD is particularly good or bad - do you?
I think you two don't realize what has happened in New York City over the past two weeks.

I don't see any reason to think you are any better informed, unless "Alleghany [sic] Mountains of Virginia" is somehow code for "the mean streets of NYC".
quote:
At a protest march people chanted, "What do we want? Dead cops. When do we want them? Now" Here is a video. Less than two weeks later two policemen sitting in a patrol car were shot and killed. Here is the news story.
Some people chanted something at a protest for about a minute; nearly two weeks later, two cops were killed. Case closed!
quote:
The article I linked to was making the point that New Yorkers would be a hell of a lot worse off if it weren't for the police.
Perhaps you and Podhoretz have found a new slogan for them: "The NYPD - at least they're better than nothing!"
quote:
If I were a New York policeman, I would go into a different line of work or find a job someplace where the police are not considered the enemy.

Yeah? Me too! They sound like a pretty messed-up organization.
 
Posted by Doc Tor (# 9748) on :
 
quote:
Originally posted by Dave W.:
Perhaps you and Podhoretz have found a new slogan for them: "The NYPD - at least they're better than nothing!"

I have no idea if this is even remotely true, since I'm too far removed. However, this is nice counterbalance to the NYT article.

NYPD cops stop patrolling
 
Posted by lilBuddha (# 14333) on :
 
Moo,

Black police are not safe from white police. But racism aside, cops in America act with confrontational attitude beyond anything merited by situation.
Police are servants of the people, not warriors of occupation.
Here is the problem: police are a good and necessary thing in a civilised community. But they are, and should act as, part of that community.

ETA: Doc Tor, you link won't load in Safari on my iPad. Will check on a real computer later.

[ 02. January 2015, 16:11: Message edited by: lilBuddha ]
 
Posted by Dave W. (# 8765) on :
 
quote:
Originally posted by Doc Tor:
quote:
Originally posted by Dave W.:
Perhaps you and Podhoretz have found a new slogan for them: "The NYPD - at least they're better than nothing!"

I have no idea if this is even remotely true, since I'm too far removed. However, this is nice counterbalance to the NYT article.

NYPD cops stop patrolling

The Podhoretz thing (if that's what you were referring to) wasn't an article in the NYT, it was a column in the NYPost.

The NYT has also covered the apparent NYPD work slowdown (though with less glee.) I think two weeks is probably too soon to conclude that they really are actually worse than nothing.
 
Posted by lilBuddha (# 14333) on :
 
I read both links and agree with Dave W.'s surmise that two weeks is not enough. But it really has been more than two weeks, hasn't it? With the large numbers of police assigned to the protests, it would have the effect of reducing police numbers in non-protest areas. That indicates something, yes?
 
Posted by Dave W. (# 8765) on :
 
NYPD has about 34,500 officers; their officials say "as many as" 2000 officers are assigned or put on standby to monitor demonstrations. I don't think that can account for the size of the decreases shown, especially since the major protests started immediately after the grand jury decision on Dec. 3, but the decline was first apparent in the week ending on the 28th (the two officers were killed on the 20th.)
 
Posted by lilBuddha (# 14333) on :
 
There should be at least 3 shifts, though they may not be evenly staffed. but assume they are and that is only ~11,500 per shift. There will be a number on vacation or some other sort of leave. Any given day a number will be in or preparing for court, attending training, performing public relations duties, etc. And New York is a very large city. 2,000 shifted towards the protests is a significant number.
 
Posted by Palimpsest (# 16772) on :
 
If you read the new York Times, hardly a bastion of radical thinking, there's a sense that there is a Police slowdown going on. The articles mention that it's expected that a police station might slow down the rate of summons for a few weeks after some police there are shot. In part it's because they are grieving and part because they are also afraid of getting shot. This is understandable. However the slowdown seems to be city wide and a protest that police are being criticized.

This seems unwise of those involved. Given how they are perceived, a substantial part of the population may prefer the tradeoff of less police presence and fewer summons for minor crimes. Some of this is due to police being ordered to patrol in pairs to avoid more confrontations of any sort.

The mayor and police commissioner are going through instituting arrest retraining and adrenalin management classes for the police. We'll see how much of it sticks and how much is shrugged off.
 
Posted by Dave W. (# 8765) on :
 
quote:
Originally posted by lilBuddha:
There should be at least 3 shifts, though they may not be evenly staffed. but assume they are and that is only ~11,500 per shift. There will be a number on vacation or some other sort of leave. Any given day a number will be in or preparing for court, attending training, performing public relations duties, etc. And New York is a very large city. 2,000 shifted towards the protests is a significant number.

If you're going to divide the total by 3, you should divide the 2000 by three also - there's no reason to think they meant "2000 out of each of 3 shifts." I don't think that can account for a 90% drop in summonses for minor offenses or a 40% drop in arrests for major felonies.

And again, the timeline doesn't match - the biggest protests were in early December, but the slowdown didn't show up until the week ending on the 28th.
 
Posted by lilBuddha (# 14333) on :
 
It is asinine and fairly meaningless anyway.
First, police slowing down results in lower crime statistics even if the actual crime numbers don't change. Parking citations do not issue themselves.
Second, most of any given population are not looking for an opportunity to commit crimes anyway.
Third, the cops aren't gone. For their experiment to work, the cops would need to quit in mass numbers. Assuming, of course, that their premise is correct.
 
Posted by Dave W. (# 8765) on :
 
Sorry, lilBuddha - I didn't realize you were taking the "Antimedia" seriously (i.e. their argument that the cops are shirking and hoping for a crime wave, but that the lack thereof shows they aren't really necessary.)

I think there is a slowdown that extra protest duty can't account for, there probably isn't a crime wave (though as you note the statistics now won't tell us one way or the other), but a growing perception that the police are refusing to do their jobs would probably eventually have a negative net effect on public safety.
 
Posted by lilBuddha (# 14333) on :
 
Um, yeah, OK. But, no.
Fuck the links for the moment.
What I am basically saying is a police slowdown isn't incredibly meaningful. That does not then lead to the conclusion that a police absence would be then meaningless. I kinda said that in my third point.

If it has not been clear in my postings thus far I will endeavour to make it so now.
Police are necessary. The methods and attitude often displayed by them are not.
 
Posted by Horseman Bree (# 5290) on :
 
Why is it automatically assumed by the police that they do not have to accept criticism? Especially when some of their members are clearly doing actions which invite criticism? Surely somewhere in the police contract there is some mention of actually upholding the laws.

This sounds more like the joke policemen in small Southern towns, who were supported by the whites in any action against blacks, however nasty it may have been. (or the various police involved in the beatings and murders of the Freedom Riders, come to that)
 
Posted by Golden Key (# 1468) on :
 
Re police slow-downs:

There's also the classic "blue flu".

quote:

A "sickout", or (especially by uniformed police officers) "blue flu", is a type of strike action in which the strikers call in sick. This is used in cases where laws prohibit certain employees from declaring a strike. Police, firefighters, air traffic controllers, and teachers in some U.S. states, are among the groups commonly barred from striking usually by state and federal laws meant to ensure the safety or security of the general public.


 
Posted by Moo (# 107) on :
 
quote:
Originally posted by Horseman Bree:
Why is it automatically assumed by the police that they do not have to accept criticism? Especially when some of their members are clearly doing actions which invite criticism? Surely somewhere in the police contract there is some mention of actually upholding the laws.

Calls for "Dead cops" are more than criticism. This is especially true when they are followed a few days later by the shooting of two policemen who were sitting in a patrol car not interacting with the public at the time.

The police find this extremely disquieting, and I don't blame them.

Moo
 
Posted by chris stiles (# 12641) on :
 
quote:
Originally posted by Moo:

Calls for "Dead cops" are more than criticism.

But are the attitude of a minority of protesters. Yet the police are treating anyone who criticises them as being at one with that minority.

[Actually anything but completely uncritical support seems to be too much for them].

[ 04. January 2015, 12:07: Message edited by: chris stiles ]
 
Posted by Doc Tor (# 9748) on :
 
quote:
Originally posted by chris stiles:
[Actually anything but completely uncritical support seems to be too much for them].

Which seems odd, since no one (including police officers) should ever give completely uncritical support to anything.
 
Posted by Porridge (# 15405) on :
 
It's worse than odd; uncritical officer-to-officer support, IMO, lies at the heart of the matter. That kind of "support" protects bad apples, thereby tainting the majority.

I understand the need (I hope and think) to develop the kind of esprit de corps which allows military and paramilitary organizations to protect one another with their very lives. Maybe it's time to inject another element: protecting the honor and integrity of "de corps" by keeping everybody on the up-and-up.
 
Posted by Dave W. (# 8765) on :
 
quote:
Originally posted by Moo:
The police find this extremely disquieting, and I don't blame them.

Moo

You know what I find disquieting? The fact that a cop facing no threat to his person can kill a man using a banned chokehold, in broad daylight, in front of witnesses, while being videoed, and still not get charged with any crime.
 
Posted by Porridge (# 15405) on :
 
I also find it disquieting that cops turn their backs on their mayor on an occasion at which they're ostensibly honoring a fallen colleague.

AFAIK, the mayor only suggested what many on this thread suggest: there may be a few bad apples, and they need attention.

I have fellow service managers who back me up when the you-know-what hits the fan. But I don't expect them to do this if I go against our established protocols. I'm pretty sure they wouldn't ask that of me, either. We keep an eye out for each other, but we also keep eyes on each other, and we give each other some pretty sharp advice when we screw up.

[ 04. January 2015, 18:00: Message edited by: Porridge ]
 
Posted by lilBuddha (# 14333) on :
 
What Dave W. and Porridge said. Any organization which feels it is above questioning should immediately be questioned. The perception is that police may commit offences with impunity. They are servants of the public and when the public asks for an accounting, an account should be given.
Picking up the football and threatening to leave the pitch is ridiculous.
 
Posted by Doc Tor (# 9748) on :
 
quote:
Originally posted by lilBuddha:
Picking up the football and threatening to leave the pitch is ridiculous.

And the sane response to such a threat should be "Don't let the door hit your arse on the way out."
 
Posted by Kelly Alves (# 2522) on :
 
quote:
Originally posted by Porridge:
Maybe it's time to inject another element: protecting the honor and integrity of "de corps" by keeping everybody on the up-and-up.

It seems like a no-brainer to me-- "an officer and a gentleman", right? Why would anyone on the force not want that?

And for the record, I am privileged to live in an unincorporated neighborhood with one of the best, most service` oriented bunch of guys/ gals on our tine police force you can find. Maybe my high standards for cop behavior comes from having grown up with their standard.

Lower- Middle to Middle-Middle class, very racially eclectic neighborhood, BTW.
 
Posted by Porridge (# 15405) on :
 
quote:
Originally posted by lilBuddha:
Any organization which feels it is above questioning should immediately be questioned.

Exactly. Somewhere along the line, somebody seems to have confused "we enforce the law" with "we are the law."

[ 04. January 2015, 19:43: Message edited by: Porridge ]
 
Posted by Kelly Alves (# 2522) on :
 
quote:
Originally posted by Dave W.:
quote:
Originally posted by Moo:
The police find this extremely disquieting, and I don't blame them.

Moo

You know what I find disquieting? The fact that a cop facing no threat to his person can kill a man using a banned chokehold, in broad daylight, in front of witnesses, while being videoed, and still not get charged with any crime.
This. I don't agree with people shouting that the only answer to bad cop behavior is guerrilla violence. What I do think is that a police officer tried and convicted with first degree murder of a civilian should be given a higher minimum sentence than a civilian, and definitely should be subject maximum sentence the law has to offer-- whether that be life without parole or the death penalty in states that has it.

Same with rape, battery, extortion, theft, whatever-- higher minimum, subject to max sentence. Enough with this desk job and a psych leave crap-- the system needs the kind of checks and balances that will make it very undesirable for a police officer to be convicted of a crime.
 
Posted by saysay (# 6645) on :
 
Honestly at this point I think I'd rather simply make it easier to remove officers from the force even when they aren't convicted of any crime.

There are some cops who are dedicated public servants; most are decent human beings trying to do a good job and hoping they make it through their shift without anything too dramatic happening. But some small percentage of them are psychopaths with badges who wound up on the 'right' side of the law by chance. If they were civilians and did what they do on a regular basis, they'd be in jail.

Rewarding them with a paid vacation for acts of extreme violence is perverse.
 
Posted by Golden Key (# 1468) on :
 
I don't know any cops, but I suspect there's a deeply ingrained Us vs. Them mentality...and maybe *all* of us civilians are Them. It's a war.

So you get a States-side equivalent of the US military invading the wrong houses, torturing the wrong people, and killing the wrong people. (Not that any of that is good, ever--but it's especially bad against innocent people.)

Painting with a very broad brush, obviously--there are good cops; and maybe cops who get pushed into doing or covering up bad things, because other cops are doing it and they need to depend on each other for backup.

There are citizen oversight committees, in some places. I don't know how effective they are, or are allowed to be.

I don't know how to fix this, or if it can be fixed.
 
Posted by Barnabas62 (# 9110) on :
 
quote:
Originally posted by Dave W.:
quote:
Originally posted by Moo:
The police find this extremely disquieting, and I don't blame them.

Moo

You know what I find disquieting? The fact that a cop facing no threat to his person can kill a man using a banned chokehold, in broad daylight, in front of witnesses, while being videoed, and still not get charged with any crime.
Yes. That is the obvious distinction between the Ferguson and the New York cases. And as I said earlier, what compounds the problem is the confidentiality of the grand jury hearings. Justice was not seen to be done, despite what the general public has seen. That is very destructive of respect for due process. And loss of respect for due process (or corruption of due process) is very dangerous to social order.

I've accepted the earlier arguments that the US may be able to do very little (other than tinkering at the margins) about the ubiquitous possession of firearms (and the consequential risks). But these cases surely cry out for a serious re-examination and reform (if not abolition) of grand jury processes.

And as others have said, there needs to be reform to restore damaged trust in police accountabilities.

Who can broker some bipartisan political action along those lines? Unfortunately, my suspicion is that nothing much can be done before the next presidential election and if current political polarisations persist, probably nothing much can be done after that either. The gun lobby and the "thin blue line" arguments seem likely to prevail for some time.

From this side of the pond, ITSM that Golden Key and saysay's pessimisms have pretty solid foundation in political realities.
 
Posted by Golden Key (# 1468) on :
 
We had a shooting/killing by cop, yesterday, here in SF. The police made the very smart move of scheduling a community meeting for tomorrow.

HOWEVER, this looks like it was "suicide by cop"--unless someone faked the proof. I don't think there's any reason to believe that; but, given all the unrest, I bet some people are thinking that.

Anyway, mostly just wanted to point out police having the sense to schedule a community meeting, right away.
 
Posted by lilBuddha (# 14333) on :
 
The NYPD are a class act. Now their union wants killing a cop to be a hate crime. IIRC, murder of a police officer already receives higher priority, conviction rate and longer sentence. What more do they want? And way to be completely out of touch with who you serve.
 
Posted by Golden Key (# 1468) on :
 
I heard about the hate crime thing. I thought people who killed cops already got stiffer sentences.

I can see why the cops might want a hate crime designation. OTOH, it might make the "war" much worse: it makes the cops even more untouchable.
 
Posted by Doublethink. (# 1984) on :
 
If I drew a gun on a public street, people - including police - would run away and then call for back up. Back-up would include a negotiator.

Do US police ever back off and not immediately confront ?
 
Posted by Leorning Cniht (# 17564) on :
 
quote:
Originally posted by Doublethink.:
If I drew a gun on a public street, people - including police - would run away and then call for back up. Back-up would include a negotiator.

Do US police ever back off and not immediately confront ?

Is there a parallel with taking aircraft hostage? It used to be that aircraft hijackings were fairly routine - the plane would be flown to some suitable spot, there would be a negotiator and after a while there would be a deal and the hostages would get to go home.

The rulebook was always "play along and nobody will get hurt". These days, people are rather more inclined to fight against a hijacking, for well-known reasons.

So you pull a gun in public. Is this some kind of cry for help, or are you about to go postal on a load of shoppers?

If you pull a gun in public, and I am armed, and have a chance to stop you from hurting anyone, dare I risk not taking it?
 
Posted by Dave W. (# 8765) on :
 
quote:
Originally posted by Leorning Cniht:
If you pull a gun in public, and I am armed, and have a chance to stop you from hurting anyone, dare I risk not taking it?

Perhaps you're right, LC - all those police in other developed countries who don't shoot on sight are being terribly irresponsible.

On the other hand, apparently it's possible to shoot up a neighborhood while wearing body armor, point your gun at an officer, and still be "taken into custody without incident or injury."
 
Posted by Doc Tor (# 9748) on :
 
quote:
Originally posted by Leorning Cniht:
If you pull a gun in public, and I am armed, and have a chance to stop you from hurting anyone, dare I risk not taking it?

Haven't you just described Open Carry?
 
Posted by Doublethink. (# 1984) on :
 
I found this interesting:

http://www.policingtoday.co.uk/exclusive_changing_the_rules_of_engagement_31386.aspx
 
Posted by Porridge (# 15405) on :
 
quote:
Originally posted by Leorning Cniht:
If you pull a gun in public, and I am armed, and have a chance to stop you from hurting anyone, dare I risk not taking it?

Here's the thing that flummoxes me:

Here I am, armed (arguendo), facing someone who has already pulled out a gun and has it trained (presumably) on an intended target, or is maybe just moving it forth-and-back on a group in a more-or-less defensive manner.

Let's take CASE A: I am in this person's line of sight.

For this scenario to work out in the way that we might hope, I have to be speedier at pulling and accurately aiming my own piece than the guy who's already got his gun out and is aiming, already prepared to shoot.

Going for my own piece will attract the gunner's prompt attention and is likely to get me, or the intended target, or both, shot. The likelihood of my getting him before he gets me / intended target seems pretty small.

CASE B -- I am not in the gunner's line of sight, and therefore could surprise the gunner -- maybe.

That said, in the Empire State Building shooting some while back, I read that at least as many civilian injuries were sustained as the result of cops aiming for the shooter -- cops who presumably train with guns regularly to maintain their qualifications.

Even in CASE B, there's a very high risk of the wrong people getting injured, permanently maimed, and/or killed.

Then there's possible CASE C: a third party comes upon a situation where each of two people has a piece; they're aiming at each other; who's the aggressor? What's going on? How do you know? What is the advantage of adding a third gunner to this mix?

Seems to me the odds stack heavily toward tragedy here, with added guns stacking them even further that way.
 
Posted by Jane R (# 331) on :
 
Leorning Cniht said:
quote:
If you pull a gun in public, and I am armed, and have a chance to stop you from hurting anyone, dare I risk not taking it?
Well, some of us prefer to conduct ourselves in public spaces as if life were not a perpetual 'Shootout at the OK Corral.'

I can think of a number of reasons why you might want to hesitate before pulling out your own gun and blazing away:

1. It could be a fake gun.
2. The person who is waving a gun around might be an undercover police officer.
3. There are lots of other people around who aren't waving guns - are you sure you're not going to hit one of them instead?
4. Bullets can ricochet. Are you willing to bet someone else's life that yours won't?
5. Are you PREPARED to kill the gun-brandisher? Because that's what it will take, if they are really planning to shoot. If you aren't, your gun is a useless lump of metal and you might as well join everyone else in running away or diving for cover.
6. And most important of all: even if it is a real gun and the person holding it is really going postal, pulling out your gun will make them more likely to start firing, not less so. Are you sure you are fast enough on the draw to kill them before they can hurt anyone, when their gun is in their hand and yours is still in your pocket or bag? If you're not, then going for your gun is like holding up a big sign saying 'Please shoot me first'. Which may help some of the other bystanders to get away, but not many people aspire to that level of altruism.

[x-posted with Porridge]

[ 06. January 2015, 12:40: Message edited by: Jane R ]
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by Leorning Cniht:

If you pull a gun in public, and I am armed, and have a chance to stop you from hurting anyone, dare I risk not taking it?

Jesus, Mary, Joseph and the rest of the neighbors, what foolishness.
Have you ever shot anyone or seen anyone shot? Do you have any idea beyond the telly or cinema of what happens when someone does/is?
First, the odds you will actually hit your intended target are smaller than you think. But say you actually manage to hit your intended target and not anyone else; there is still another problem.
Most fatal gun injuries are not immediately fatal. Many people are not even aware they have been shot.
So, if you do not wound innocent passersby and do hit the bad guy, s/he may well simply return fire. Putting more people in danger.
It is rarely as simple as people think.
 
Posted by Porridge (# 15405) on :
 
Here's how trained law enforcement personnel score in the situation LC describes.

Nope, I don't like those odds, though admittedly, it appears no civilians actually died from officers' shots.
 
Posted by Golden Key (# 1468) on :
 
Adding to Jane's list:

7.) How are the cops, or anyone else with a gun who wants to help out, going to know whether you're a Good Gal/Guy, or a Bad Gal/Guy?

After the movie theater shooting in Colorado, a bunch of people went out and bought guns. I tried to visualize a possible scenario: movie starts; Joker-style Real Shooter starts shooting; various other people start shooting (in the half dark!); no one's quite sure who's the Real Shooter; spooked by that and the running movie, people shoot anyone they see; innocent people are wounded or killed; Real Shooter slips away; cops show up; all they know is that there are bloody people on the floor, and a lot of shooters.

How's that going to end?
 
Posted by Palimpsest (# 16772) on :
 
quote:
Originally posted by Golden Key:
How's that going to end?

Like it ends with all those semi-trained hunters in the Maine Woods during deer season?
 
Posted by Golden Key (# 1468) on :
 
The ones wearing camo, rather than the bright colors that would make them stand out? Who've had a six-pack or three? And want to be Rambo?

Yeah, about like that.
 
Posted by Porridge (# 15405) on :
 
While guns may be necessary for hunting (though bow-hunters might dispute that), they’re not only not needed in the shooter-pulls-a-gun-in-public scenario, they aggravate it. When that second gun gets pulled, it instantly escalates an already fraught situation.

Crisis intervention training can prevent fatalities. I wish everyone were taught these skills, maybe in school. Every staffer in my agency gets this training, including receptionists and cleaners.

I and others in my agency use these skills on a pretty regular basis, and they have served us well, preventing serious physical harm. One possible exception: last year, I was jumped by another manager’s client and beaten pretty badly. My training failed to prevent this, because (A) I was taken completely by surprise from behind, and (B) as I was not the intended target, I was not on my guard.

I and others have successfully “talked down” people holding guns, knives, and a broken bottle, using the skills we were taught. I trust that training, it’s proven itself effective over and over. Whenever I’ve relied on this training, the situation got resolved without serious injury (there have been occasional minor scratches & bruises). There were no victims; nobody ended up wounded, maimed, or dead.

The minute some – helpful stranger? Would-be-hero? Another nut-job? How do we tell? – gun-carrier pulls out a piece, any chance of using crisis intervention techniques to defuse the situation flies straight out the window.

Will crisis intervention always work? No. Will it always prevent shots from being fired, or someone from being knifed? No. There is nothing fail-safe in this world.

The thing is, this culture seems entranced with competitive violence, and seems driven toward high-tension drama. Violence infuses the language we use to talk about our common life: patients “battle” cancer; politicians “fight” for their constituents, and so on.

By contrast, there’s little drama in crisis intervention. Rarely does it include do-or-die moments. It unfolds slowly and patiently, not quickly and dramatically. It starts high, but gradually ratchets down to a bloodless, calm end. There seems to be something in the American psyche that repudiates this kind of denouement.
 
Posted by Dave W. (# 8765) on :
 
quote:
Originally posted by Porridge:
The thing is, this culture seems entranced with competitive violence, and seems driven toward high-tension drama. Violence infuses the language we use to talk about our common life: patients “battle” cancer; politicians “fight” for their constituents, and so on.

Are you seriously suggesting these kinds of figures of speech are peculiarly American?

[ 07. January 2015, 12:05: Message edited by: Dave W. ]
 
Posted by Porridge (# 15405) on :
 
Well, that's my impression. I'd like to be wrong, but where else in the first world do we have such high murder rates, or other deaths from gun violence? It's not that violence per se is unique to this culture; violence seems a human built-in. But in this culture, we do seem to slaughter each other at higher rates than people in other cultures do.

And, given our propensity for waging war abroad, we also seem to slaughter others at rates perhaps higher than other cultures do, though I don't know this.
 
Posted by cliffdweller (# 13338) on :
 
quote:
Originally posted by Porridge:

The thing is, this culture seems entranced with competitive violence, and seems driven toward high-tension drama. Violence infuses the language we use to talk about our common life: patients “battle” cancer; politicians “fight” for their constituents, and so on.

By contrast, there’s little drama in crisis intervention. Rarely does it include do-or-die moments. It unfolds slowly and patiently, not quickly and dramatically. It starts high, but gradually ratchets down to a bloodless, calm end. There seems to be something in the American psyche that repudiates this kind of denouement.

This. The language we use in large degree shapes how we view the world, and in return, how we move and act and choose to respond in various situations.

The Myth of Redemptive Violence is deeply woven into the heart of American culture. Being married to a Canadian, I've often noticed both the similarities and differences in our two countries. So much is the same-- similar demographics, similar geography, and most notably, similar history. Yet how we tell that history is remarkably different-- the language, the themes we choose to emphasize. Americans stress "individualism", Canadians "cooperation". Americans emphasize the "righteous violence" theme throughout our history, even while Canadians would tell virtually the same story differently. I can't help but believe this has something to do with the very different rates of violence in our two countries.
 
Posted by lilBuddha (# 14333) on :
 
Whilst I'll not argue against the Redemptive Violence mythos of America, nor such things shaping language, ISTM "battling" disease and "fighting" for justice are more about the active v. the passive.
 
Posted by Porridge (# 15405) on :
 
There are ways of being active rather than passive that don't require the language of violence, though.

We can "treat" disease, we can "live with' disease; we can "seek" justice, "right" wrongs, "work for" equality. A desire to express such undertakings in the active voice is readily achievable without using the language of war.

I don't know if this is still in use, but UK politicians used to "stand" for office rather than "run" for office, as in the US. "Run" may not be particularly warlike, but it's certainly more competitive-sounding than "stand."

As for mythos shaping language, that might be a chicken'n'egg question. Which is the shaper, which the shaped? I have no idea. Do the words we choose spring from our beliefs, or do our beliefs form around the language we use?
 
Posted by Horseman Bree (# 5290) on :
 
It is quite possible to arrest the shooter calmly even after 5 people have been shot. The Mounties very methodically moved the shooter into a space where he knew he had no options.

But there is no telling what would have happened if some rogue civilian had decided to take on Bourque. At that point it might have open warfare.

In this case, we have a quiet trial where it was all laid out for everyone to see, and whatever passes for "justice" was served with no-one else being hurt, bar one or two idiots who decided to publicly threaten to kill more Mounties.
 
Posted by Horseman Bree (# 5290) on :
 
In contrast, one could wonder about the training and management of police in the situations described here.
 
Posted by Dave W. (# 8765) on :
 
quote:
Originally posted by Horseman Bree:
It is quite possible to arrest the shooter calmly even after 5 people have been shot. The Mounties very methodically moved the shooter into a space where he knew he had no options.

According to that link, the Mounties did try to shoot him; they just failed to hit him.
 
Posted by Jane R (# 331) on :
 
So persuading him to put down his gun and allow them to arrest him worked and shooting at him didn't?

Correct me if I'm wrong, but I think that was Porridge's point...
 
Posted by jbohn (# 8753) on :
 
quote:
Originally posted by Dave W.:
According to that link, the Mounties did try to shoot him; they just failed to hit him.

Now, now, that's not the point. The point is (as is generally the case with HB) that Americans/guns are BAD, and Canada/gun control are GOOD. Details like the shootout that happened first just confuse the issue. </dripping sarcasm>

[ 08. January 2015, 18:52: Message edited by: jbohn ]
 
Posted by jbohn (# 8753) on :
 
quote:
Originally posted by Horseman Bree:
The Mounties very methodically moved the shooter into a space where he knew he had no options.

According to the link provided, the Mounties went to the wrong building, and were tipped off to the location of the suspect by a citizen. I'm failing to see the "methodical moving" of the suspect, unless you imply that the apartment building raid was some sort of decoy to get him out in the open...?
 
Posted by Horseman Bree (# 5290) on :
 
But I would point out that nobody else got shot or otherwise injured. Admittedly, the shooter behaved in a rather odd way as well, being so narrowly focussed on shooting at police.

And no-one was interested in being the hero who shot the villain.

Different strokes, y'know.
 
Posted by Dave W. (# 8765) on :
 
quote:
Originally posted by Horseman Bree:
But I would point out that nobody else got shot or otherwise injured.

But it wasn't for lack of trying the first time; the Mounties who fired certainly did want someone else to get shot or otherwise injured.
quote:
And no-one was interested in being the hero who shot the villain.
Was that what the Mounties were interested in during the first encounter?
 
Posted by Horseman Bree (# 5290) on :
 
Oh, hell, I don't care. You people need your violence and your guns. Enjoy, d*mmit!

Some of us would prefer to do things differently.

There is no way to argue this topic.

[ 09. January 2015, 15:34: Message edited by: Horseman Bree ]
 
Posted by Porridge (# 15405) on :
 
The real conflict is between arguing vs. shooting.
 
Posted by Dave W. (# 8765) on :
 
quote:
Originally posted by Horseman Bree:
Oh, hell, I don't care. You people need your violence and your guns. Enjoy, d*mmit!

Some of us would prefer to do things differently.

There is no way to argue this topic.

Don't be absurd. I'm not defending guns or violence, I'm just attacking sanctimonious twaddle.
 
Posted by Porridge (# 15405) on :
 
quote:
Originally posted by Horseman Bree:
Oh, hell, I don't care. You people need your violence and your guns. Enjoy, d*mmit!

Some of us would prefer to do things differently.

There is no way to argue this topic.

I don't know who HB means by "you people" here, but if this is a reference to Americans, please note: I have neither need nor use for violence or guns, and I am an American.

[ 10. January 2015, 11:47: Message edited by: Porridge ]
 
Posted by RuthW (# 13) on :
 
quote:
Originally posted by Golden Key:
After the movie theater shooting in Colorado, a bunch of people went out and bought guns. I tried to visualize a possible scenario: movie starts; Joker-style Real Shooter starts shooting; various other people start shooting (in the half dark!); no one's quite sure who's the Real Shooter; spooked by that and the running movie, people shoot anyone they see; innocent people are wounded or killed; Real Shooter slips away; cops show up; all they know is that there are bloody people on the floor, and a lot of shooters.

How's that going to end?

How about a real-life example that took place outside in broad daylight in which the confused people with guns were all officers of the law?

Last April, security guards at a Target store in Compton tried to detain someone for a theft, but he got away and drove down to Long Beach -- obeying traffic laws the whole time! -- pursued by sheriff's deputies (who patrol Compton). When he got out of his car, they shot him with a stun bag, but he ran off. Long Beach cops who were stationed nearby heard the stun bag shots and took them for gunfire. They hadn't seen what happened and had no idea why the guy was being pursued, but still chased him down the stairs toward the beach and shot him in the back. They didn't exactly rush to give him medical care, and he died. The cops' justification for shooting him was that the guy reached for his waist. Except he didn't.

Read about it here and watch the rather disturbing video shot by a patron at a local restaurant.
 
Posted by Horseman Bree (# 5290) on :
 
But enough Americans worship guns that the entire Congress will not do anything about the problem. No other country in the world that has any control within its borders is so unstable, except for the ones that deliberately want to shoot one group of its citizens.

Which, in the US case, is the blacks.

It is not sanctimonious twaddle to point out that a large proportion of whites in the US live in fear that blacks will one day rise up in revolt, so the solution is to shoot them first. The police have this bias built into their psyche. Hence the ridiculous overarmed response in Ferguson, and the ongoing slaughter of innocent people. And the police get away with it because enough of the citizens approve, as any person of colour can tell you.

But I am a mere observer, not bound by the rigorous custom of saying that "guns make you safe". Guns make too many of their owners into idiots.

Look, I know that some Americans loathe the gun culture more than I do.

But that attitude of "too big a problem" allowed slavery to effectively continue to the present day.

And it is made worse by the sanctimonious twaddle that is taken to be Christian policy in the churches.

Torture people? sure, fine, because "we are awesome". NOT because it is right. Kill blacks? Well, sure, what did you expect? Support intolerable inequity? Of course, it allows the rich to become richer.

None of this makes sense in a "civilized" country, but the voters have chosen Duck Dynasty for their legislature and their churches, and it just goes on.

And the rest of us outside are powerless to do anything about it, even as the rot in attitude seeps across the border, along with the illegal weapons.
 
Posted by mousethief (# 953) on :
 
Gee, HB, what would you have us do? Undertake a second Civil War to rid the nation of gun worshipers? Because that's what it took to rid the nation of slavery. Slaughter of hundreds of thousands of our citizens. But thanks for blaming us all for the gun nuts. I suppose you blame all the Muslims for the Muslim terrorists, and all the Irish for Sinn Fein, and all the Brits for the UKIP.
 
Posted by romanlion (# 10325) on :
 
quote:
Originally posted by Horseman Bree:
...whites in the US live in fear that blacks will one day rise up in revolt, so the solution is to shoot them first.

That is absurd. No one kills more blacks in America than blacks.

Even if you combine the numbers of blacks killed by whites and killed by cops, it isn't even competitive.

How could they ever "rise up in revolt" [Roll Eyes] when they can't even safely get out of their own neighborhoods?
 
Posted by Dave W. (# 8765) on :
 
quote:
Originally posted by Horseman Bree:
It is not sanctimonious twaddle to point out that a large proportion of whites in the US live in fear that blacks will one day rise up in revolt, so the solution is to shoot them first.

This isn't sanctimonious twaddle, it's just bullshit totally unsupported by evidence.

The sanctimonious twaddle part was your laughable attempt to portray the Moncton incident as an example of the Mounties arresting the shooter calmly.
 
Posted by RuthW (# 13) on :
 
quote:
Originally posted by Dave W.:
This isn't sanctimonious twaddle, it's just bullshit totally unsupported by evidence.

It's anti-American bigotry is what it is.
 
Posted by romanlion (# 10325) on :
 
quote:
Originally posted by RuthW:
It's anti-American bigotry is what it is.

As long as they keep sending us their oil and best entertainers, I say we let it slide.

It's not as if they could survive out from under our coat anyway, poor things.
 
Posted by jbohn (# 8753) on :
 
quote:
Originally posted by RuthW:
It's anti-American bigotry is what it is.

Which, unfortunately, is HB's usual stock in trade. Which, unfortunately, alienates even those of us Americans who might otherwise agree with him in greater or lesser degree.
 
Posted by Eutychus (# 3081) on :
 
hosting/

If you really wish to persist in personal attacks, take.them.to.Hell. And if you want to indulge in a pond/border war, then do so entirely elsewhere.

/hosting

[ 12. January 2015, 16:49: Message edited by: Eutychus ]
 
Posted by jbohn (# 8753) on :
 
My apologies to the Hosts.
 
Posted by Horseman Bree (# 5290) on :
 
"What is wrong with all lives Matter?" discussing how certain lives don't matter, depending on skin colour.
 
Posted by saysay (# 6645) on :
 
"It's not just about race it's about power." Discussing how the some of these issues are more about the fact that those who currently have power will do anything to keep it (which, of course, is all tangled up with race because of our history).
 
Posted by Horseman Bree (# 5290) on :
 
I'm not making this up.

My grandfather had a heart attack while police chief in Sarajevo, if you remember the unfortunate history of that area.

My father had to give up a research position in Germany when Hitler came to power (and, no, I'm not trying to invoke Godwin's Law - this is just history)

And now I'm watching the Bastion of Democracy, the Light to all the World, destroy itself over skin colour and equal rights in general. Colour me "disappointed"
 
Posted by Dave W. (# 8765) on :
 
quote:
Originally posted by Horseman Bree:
I'm not making this up.

My grandfather had a heart attack while police chief in Sarajevo, if you remember the unfortunate history of that area.

My father had to give up a research position in Germany when Hitler came to power (and, no, I'm not trying to invoke Godwin's Law - this is just history)

And now I'm watching the Bastion of Democracy, the Light to all the World, destroy itself over skin colour and equal rights in general. Colour me "disappointed"

Good grief! It's like your family's cursed by history!

Still, at least it seems things are getting better - apparently whatever killed your grandfather and fired your father is only making you "disappointed". Perhaps your offspring (if any) can look forward to being mildly annoyed when their turn comes.
 
Posted by Eutychus (# 3081) on :
 
hosting/

I'm scratching my head as to what that comment means or is supposed to imply, but this seems a good place to point out - again - that personal attacks belong in Hell. Stick to the issue.

/hosting
 
Posted by Moo (# 107) on :
 
quote:
Originally posted by Horseman Bree:
I'm not making this up.

Here's another appalling story.

Moo
 
Posted by no prophet's flag is set so... (# 15560) on :
 
There's something about guns for sure, but it is different though overlapping issue with the issue of racial politics. Both issues are rather different in the USA than in other places. It is also clear the policing and regulation of police is different.

As a contrast, from the above link:
quote:
Public-police relations in Canada are generally positive, because police here accept close scrutiny as a key component of the legal system. Outside Quebec, any suspicious death in Canada involving a police officer is investigated by an independent body, insulating police from suspicions of a cover-up and raising public confidence in the process.... Where systemic problems have occurred...the public response has been to demand improvement. And, by and large, police have accepted such critiques with an appropriate sense of obligation, at least after the fact.
I don't get the sense that in the USA public-police relations are "generally positive". Are they? Are they 'generally positive' in the UK, Australia, other places?
 
Posted by Dave W. (# 8765) on :
 
quote:
Originally posted by no prophet's flag is set so...:
As a contrast, from the above link:

You do realize that "the above link" is just a newspaper editorial, right?

In parts of the newspaper where they have actual news, on the other hand, we can find articles with headlines like Police who lie: How officers thwart justice with false testimony. The subhed is good too: "In 100 recent cases across Canada, police used illegal techniques, excessive force and racial profiling, then covered it up with false testimony."

On the plus side, though, Maclean's editorial staff thinks Canadian public-police relations are "generally positive".
 
Posted by no prophet's flag is set so... (# 15560) on :
 
quote:
Originally posted by Dave W.:
quote:
Originally posted by no prophet's flag is set so...:
As a contrast, from the above link:

You do realize that "the above link" is just a newspaper editorial, right?

In parts of the newspaper where they have actual news, on the other hand, we can find articles with headlines like Police who lie: How officers thwart justice with false testimony. The subhed is good too: "In 100 recent cases across Canada, police used illegal techniques, excessive force and racial profiling, then covered it up with false testimony."

On the plus side, though, Maclean's editorial staff thinks Canadian public-police relations are "generally positive".

Macleans is a news magazine, not a newspaper, the most widely circulated in Canada by far. The reference to illegal techniques is most likely to the recent Supreme Court ruling that Mr. Big entrapment methods* are contrary to the Charter of Rights and Freedoms.

The main point of my post is to ask about the nature of public-police relations. My personal experience is that traffic police are difficult, but all other police encounters are generally positive, whether RCMP or municipal. (RCMP are the provincial police in many provinces by contract with the province.) I have been stopped by RCMP and city police, and we've personal family experience of both RCMP and city police re specific crimes - nothing negative to report and I have written notes of complement. So I am asking about general public perception of police and related.

I am interested that locally when the police use a firearm, a taser, or an armoured vehicle, they are required to report why, and a full investigation is published. In this city I live in, about 400,000 people in the greater area, we have about 11 police use of weapons incidents each year and 4-5 murders, though weapons use by police has exceeded 20 incidents in some years and murders exceeded 10. Do such reports occur; I understand that we may be 4 times less or more than USA rates.

So what is the general nature of public-police relationship or perception Dave W and others?

* the police would pretend, undercover that they are a fancy criminal organization and lead an unsuspecting person to confess to prior misdeeds, most often murder. as a way of impressing the fake Mr. Big boss. The Supreme Court has recently ruled that this is unconstitutional.
 
Posted by Dave W. (# 8765) on :
 
quote:
Originally posted by no prophet's flag is set so...:
quote:
Originally posted by Dave W.:
quote:
Originally posted by no prophet's flag is set so...:
As a contrast, from the above link:

You do realize that "the above link" is just a newspaper editorial, right?

In parts of the newspaper where they have actual news, on the other hand, we can find articles with headlines like Police who lie: How officers thwart justice with false testimony. The subhed is good too: "In 100 recent cases across Canada, police used illegal techniques, excessive force and racial profiling, then covered it up with false testimony."

On the plus side, though, Maclean's editorial staff thinks Canadian public-police relations are "generally positive".

Macleans is a news magazine, not a newspaper, the most widely circulated in Canada by far. The reference to illegal techniques is most likely to the recent Supreme Court ruling that Mr. Big entrapment methods* are contrary to the Charter of Rights and Freedoms.
Oh, I beg your pardon - a news magazine, not a newspaper. I hardly think that makes their editorials any more authoritative.

And no, that article had nothing to do with lying to criminals, as even a cursory glance would have told you - it was about Canadian police lying in court, under oath. As in "A nationwide Toronto Star investigation shows judges are frequently finding that police officers lie under oath."
 
Posted by Horseman Bree (# 5290) on :
 
Where did NP say anything about criminals?

Are you just trying to press some buttons, while avoiding the discussion, or do you actually care to talk about the issue?

In most countries that claim to be "developed", the police are under some form of organised review process, that is open and understood by the majority of people. In the US this appears not to be the case, at least in a large number of cases.

Where else do the police get to kill citizens without having a review?

The US was founded on reaction to a "foreign" government imposing unnecessarily harsh conditions on the inhabitants. Why have so many inhabitants allowed the police to become an unopposed force, with unusually large military powers?
 
Posted by Dave W. (# 8765) on :
 
quote:
Originally posted by Horseman Bree:
Where did NP say anything about criminals?

The heart of Mr. Big entrapment schemes is lying to criminals, not lying in court under oath later. Are you not familiar with Mr. Big? Wiki says it's also known as "the Canadian technique".
quote:
Are you just trying to press some buttons, while avoiding the discussion, or do you actually care to talk about the issue?
Both you and NP have praised Canadian police practices and relations, so a mention of criticism of Canadian police is hardly off topic.
quote:
In most countries that claim to be "developed", the police are under some form of organised review process, that is open and understood by the majority of people.
Are they? Is it? I would be interested in reading a survey comparing police review practices and public knowledge of them - do you have a link?
 
Posted by no prophet's flag is set so... (# 15560) on :
 
Dave W. If you search for "police complaints commission" or 'review' with every province in Canada, you will come up with links for what you seem to want.

I get you want to discuss something else. My question still stands about public-police relations. It seems that the perception of this differs place to place.

Yes, we have problems, but the reports of police conduct issues from the USA sound different than they are here. Is the situation in fact different.

And yes, a national news magazine is rather different from a newspaper which are local to a city or area. I perceive media is also different in the USA.
 
Posted by Dave W. (# 8765) on :
 
quote:
Originally posted by no prophet's flag is set so...:
Dave W. If you search for "police complaints commission" or 'review' with every province in Canada, you will come up with links for what you seem to want.

No, I don't think that would serve - the claim was that there were organized and well understood police review processes in most developed countries, not Canadian provinces.
quote:
And yes, a national news magazine is rather different from a newspaper which are local to a city or area. I perceive media is also different in the USA.
I guess it is different - in my experience in the US, people don't usually point to unsupported statements in newspaper or magazine editorials as some kind of evidence.

And Horseman Bree - apparently one answer to this:
quote:
Where else do the police get to kill citizens without having a review?
is "Quebec." (Caveat - this is from the Maclean's editorial, but in the context of the piece it's a statement against interest, so perhaps it's OK.)
 
Posted by no prophet's flag is set so... (# 15560) on :
 
quote:
Originally posted by Dave W.:
....

Policing is a provincial responsibility in Canada with complicated cost-shared programs with the federal gov't. Thus we have to go province by province.

Québec has a civil law code and traditional, different from the rest of Canada, and they manage a whole bunch of things rather differently than the rest of the provinces.

I know the media is different in the US. The freedom of press is less free here, such that, for example, when Fox News and Al Jazeera were wanted to broadcast into the country, their applications were subject to review by the CRTC (Canadian Radio and Telecommunications Commission). Editorials in Macleans general reflect the public opinion; news is not nearly as likely to made up or invented here than I perceive in your country.

After church today, I did a search and found: Attitudes towards Police in Canada.

quote:
A review of the literature demonstrates that the Canadian public held relatively favourable views of the police <list of many articles>. This is not surprising as Roberts (2004) points out that the police have a mandate (i.e., protection of society) that is generally consistent with the perspective of the public. As well, another mundane explanation of the high public approval rating of the police is associated with their high visibility in the community. Specifically, police officers are usually seen by the general public performing "some useful function" such as directing traffic at the scene of an accident.
The situation in UK seems to be that trust is dropping in police, if you follow the links within this article of the BBC to the stats they based it on.

I haven't turned up specific statistics yet on USA, and haven't looked at other countries yet. This statement from the BBC article is compelling, and makes me wonder
quote:
There is research, for example from the London School of Economics, backing up Topping's view. The more contact people have with the police, whether the contact is initiated by the police or by the member of the public, the less trust and confidence they are likely to have in them. The opposite is true for other public services like the NHS, where people have a more positive view after having contact.

 
Posted by Dave W. (# 8765) on :
 
quote:
Originally posted by no prophet's flag is set so...:
quote:
Originally posted by Dave W.:
....

Policing is a provincial responsibility in Canada with complicated cost-shared programs with the federal gov't. Thus we have to go province by province.
No, we don't. I'm hardly likely to go searching through the websites of every sub-national administrative division of the developed world; it was Horseman Bree's claim, let him back it up.
quote:
news is not nearly as likely to made up or invented here than I perceive in your country.
Do you have any real idea of how likely news is to be made up or invented in Canada, or are you just comparing your perceptions of Canada to your perceptions of the US? If the former - how can you possibly know that? If the latter - well, what a surprise.
 
Posted by Gwai (# 11076) on :
 
I think it's very interesting trying to decide how much attitudes toward police are a cause or an effect. Probably the answer is both, but how do we create a culture of police accountability, and keep our police in decent communication/trust with the communities they serve?

On that topic: from a blog I often follow.
 
Posted by Barnabas62 (# 9110) on :
 
Getting a mite tetchy and personal re US-Canada perceptions. By all means argue the issues vigourously but don't presume derogatory personal motives. Or, you can take your perceptions to Hell and get as personal as you like.

Barnabas62
Purgatory Host
 
Posted by no prophet's flag is set so... (# 15560) on :
 
quote:
Originally posted by Dave W.:
Do you have any real idea of how likely news is to be made up or invented in Canada,

This is beside the point. But what do you want to know? I've been a news junky since the 1960s; I miss the era of shortwave radio and have to settle mostly for newsfeeds from various sources, though winter is pretty good for catching signals not intended for here. Pravada (Russia) is currently the craziest I'm following, more so that even Fox IMHO.

quote:
Dave W.
or are you just comparing your perceptions of Canada to your perceptions of the US? If the former - how can you possibly know that? If the latter - well, what a surprise.

Both actually. I actually want to hear your personal perceptions and everyone else's: about police-public relations. The info generally seems to be that the situation is somewhat different in the USA regarding this issue, but I'm not certain if it is or not as the info is not very systematic. I am not following what the problem is with the question.

As for how policing is regulated and public complaints reviewed, we are simply caught in the factual situation that these things are provincially regulated here. It is not clear to me how public concerns about police are handling around the world. Perhaps you know a bit about this for your country or jurisdiction? I have thought that the problems re the topic of this thread might have something to do with that.

[ 18. January 2015, 21:27: Message edited by: no prophet's flag is set so... ]
 
Posted by Dave W. (# 8765) on :
 
quote:
Originally posted by no prophet's flag is set so...:
quote:
Originally posted by Dave W.:
Do you have any real idea of how likely news is to be made up or invented in Canada,

This is beside the point.
If you say so. Odd that you brought it up, though.
quote:
quote:
Dave W.
or are you just comparing your perceptions of Canada to your perceptions of the US? If the former - how can you possibly know that? If the latter - well, what a surprise.

Both actually. I actually want to hear your personal perceptions and everyone else's: about police-public relations.
Frankly, I think you'd be better off looking for more polling data, but to each his own.
 
Posted by Horseman Bree (# 5290) on :
 
Will the Church fail or fulfill Martin Luther King's legacy? seems to relate to the OP.

If the church is irrelevant in this context, it is pretty well irrelevant anywhere else as well.
 
Posted by Beeswax Altar (# 11644) on :
 
Oh please...mainline clergy in the United States relish every opportunity they can get to relive their glory days of the 60's and 70's. My facebook feed was filled with pictures and stories of Episcopal and other mainline clergy joining protests in Ferguson. If making the Gospel all about the progressive cause du jour was the secret to being deemed relevant by the masses, TEC parishes would all be filled to capacity. Everybody and their dog Rover has written a blog post or magazine article about why they don't come to church or more people aren't going to church. Oddly enough, the suggestion is always to do more of what the person writing the article wants to do. Here is the thing. Any church attempting to take all of the advice and act on it would disappear in a puff of contradiction much like the Douglas Adams God did after creating the babel fish.
 
Posted by Horseman Bree (# 5290) on :
 
So: is her bewailing of the irrelevance of her church simply a statement of the obvious?
 
Posted by Beeswax Altar (# 11644) on :
 
She's saying stuff that clergy of her age and theological temperament say. Do I think her church is irrelevant? Absolutely. I'd think her church was irrelevant if I agreed with her about the Gospel being all about the progressive cause du jour. Why would I come on Sunday morning to hear what I can get on MSNBC or read off the internet in the privacy of my own home? Why would I want money used for the maintenance of a very posh worship space? Even if I could see the benefit of having paid clergy as leaders and activists, why would I want to support the salary of a person paid to play irrelevant songs on an a very expensive out of date instrument? No, Riverside Church will never be relevant as defined by her in that article and she knows it. Riverside Church was founded so that Harry Emerson Fosdick could tell John D. Rockefeller what John D. Rockefeller wanted to hear. Amy Butler is carrying on that tradition of telling wealthy people in Manhattan what they want to hear. The only thing that's changed at all is what the wealthy people in Manhattan want to hear. What they want to do has not changed.
 
Posted by saysay (# 6645) on :
 
quote:
Originally posted by Beeswax Altar:
The only thing that's changed at all is what the wealthy people in Manhattan want to hear. What they want to do has not changed.

[Overused]
 
Posted by Golden Key (# 1468) on :
 
Re Rev. Amy Butler and Riverside Church:

Ok, I read her article. Am I missing something? She didn't say her church or The Church is irrelevant--just that the world at large thinks that.

The Social Justice section of her church's sure looks like they're trying to walk their talk. Check all four parts of that section. And they've just started a winter shelter for the homeless.

Oh, and at the end of the first page of the Social Justice section, there's this:

quote:
17. Handgun Litigation Project:
Riverside acts as a fiscal agent for this program which successfully litigated against the top handgun manufactures and distributors for negligence in the distribution of illegal firearms, which accounts for more than 90% of gun-related deaths in the United States each year.

So going to Ferguson was more than just a feel-good PR exercise.
 
Posted by Horseman Bree (# 5290) on :
 
But there are people who WANT to believe that social justice is not an issue the church should even think about.

No matter what the Bible says, and no matter how "literally" they read it. They can't see that The Two Great Commandments are about "we are all in this together, and God will not be happy if you mistreat someone else"

Hell, most of them can't remember that there are just TWO Great Commandments. They are too busy trying to get Hebrew rules written on court houses to recognise that they HAVE neighbours.
 
Posted by Beeswax Altar (# 11644) on :
 
quote:
originally posted by Golden Key:
Ok, I read her article. Am I missing something? She didn't say her church or The Church is irrelevant--just that the world at large thinks that.

Horseman Bree assumed she agreed with the protesters about her church and the larger Church as a whole. Like I said in my original post, she was telling all Christians that they need to do more of what she wants to do. I also said what it would look like if Riverside Church really did what she was calling them to do in order to be seen as relevant to the masses. Riverside Church has a paid staff of 130 and an operating budget of $14 million despite having an ASA of 550 and a membership of around 1600 counting affiliates. Knowing how membership roles are tallied I suspect less than half of the membership number is very active at all. So, you have essentially 1 staff person for every 5 active members. Take the 1600 number literally and you have 1 staff person for every 13 people. Seems to me like what the majority of people at Riverside Church want to attend their beautiful church, listen to their expensive organ played by their talented organist, hear a sermon sanctifying their political beliefs, and write checks to support their causes. Taking to the streets to the streets and building community means something to me. What I suspect Butler really wants them to hear is, "Sure you could always do more. Who couldn't? But, at least, you are doing more than most of all those other churches." That will be enough. Yes, they'll feel a bit guilty about not doing more but they'll feel good that they feel guilty.

quote:
originally posted by Golden Key:
So going to Ferguson was more than just a feel-good PR exercise.

I don't think it was a PR move per se. I think she did what people of her theological and political temperament do and then said what they say after doing the sort of thing they do. She may truly believe she is issuing some sort of prophetic call to action. I hear the teacher in the Peanuts cartoons. To the extent I'm inclined to listen to pastors of New York churches not in my own tradition about what I needed to do to be relevant (and that's virtually not at all), I'd be far more inclined to listen to the pastor from Times Square Church.

quote:
originally posted by Horseman Bree:
But there are people who WANT to believe that social justice is not an issue the church should even think about.

Who me? I think the church should be concerned with social justice. I just think that if the church is reduced mainly to political activism and faith in human government that we've stopped truly being the Body of Christ and become nothing more than a slightly more aggressive Rotary Club. I believe in original sin. I don't believe people are inherently good. As a result, looking for salvation through systemic change is silly. People built the old system. People corrupted the old system. People will build the new system. People will corrupt it. Meet the new boss same as the old boss. What needs to be changed is people. All the political activism in the world isn't going to change that. The risen Christ can and does. Despite being a crazy fundamentalist, the pastor at Times Square Church believes that. I sincerely doubt that clergy like Amy Bulter really do. Yes, I've met dozens of them and had long conversations with some. Most of them are good, well intentioned people that I more or less like. It's not personal. I wonder why some of them went into the ministry when social work or lobbying was what they really felt called to do. Others really are gifted pastors.

Furthermore, there are people who WANT even NEED to believe that the gospel is nothing more than their political beliefs. I say NEED because I suspect that if they ever became convinced that Jesus rejected or even didn't care about their political beliefs they would drop him like a bad habit. So, I question how they can truly have accepted Jesus as Lord.


quote:
originally posted by Horseman Bree:
No matter what the Bible says, and no matter how "literally" they read it. They can't see that The Two Great Commandments are about "we are all in this together, and God will not be happy if you mistreat someone else"

Claiming that the two great commandments necessarily leads to supporting any specific political agenda is a non sequitur. I'm interested in sound exegesis and not proof texting. The vision of Jesus suggested by advocates of the social gospel just doesn't stand up to thorough criticism even that coming from scholars who are not the least bit conservative or even Christian.


quote:
originally posted by Horseman Bree:
Hell, most of them can't remember that there are just TWO Great Commandments. They are too busy trying to get Hebrew rules written on court houses to recognise that they HAVE neighbours.

Marcionism remains a popular heresy. Now, even the 10 commandments are suspect. Might as well go ahead and throw out the Shema next.
 
Posted by no prophet's flag is set so... (# 15560) on :
 
quote:
Originally posted by Beeswax Altar:
I think the church should be concerned with social justice. I just think that if the church is reduced mainly to political activism and faith in human government that we've stopped truly being the Body of Christ and become nothing more than a slightly more aggressive Rotary Club. I believe in original sin. I don't believe people are inherently good. As a result, looking for salvation through systemic change is silly. People built the old system. People corrupted the old system. People will build the new system. People will corrupt it. Meet the new boss same as the old boss. What needs to be changed is people. All the political activism in the world isn't going to change that. The risen Christ can and does.

This is well put and worth highlighting.

There is a tension I think between the highlighting of the individual and the crisp focus you have noted you have on that, and those of us who also think systemic change is possible. Not systemic change to create a new Eden or heaven on earth, rather so that less individuals suffer.

I don't believe that people are inherently good, but I also don't believe in their inherent evil. Having seen some social changes in my life, germane to this topic, regarding general race relations in Canada with First Nations people, perhaps I am more optimistic that both mechanisms - the individual and systemic - can bear fruit. There is probably something cultural with this, where we perceive America to have a greater individual focus than Canada.

My question is whether you do actually see a role for systemic change at all, or if it is at zero, and if your statement was a product of binary, either-or expression.
 
Posted by RuthW (# 13) on :
 
BA: What should Christians say or do, then, in your opinion? If there were a prominent case of alleged police brutality involving a white cop and a black or brown member of the public in your town, would you address it in the pulpit? What would you say to parishioners troubled by the case and trying to decide what to say or do?

[ 20. January 2015, 17:20: Message edited by: RuthW ]
 
Posted by Beeswax Altar (# 11644) on :
 
quote:
originally posted by no prophet's flag is so far...
My question is whether you do actually see a role for systemic change at all, or if it is at zero, and if your statement was a product of binary, either-or expression.

All systems could stand to improve. However, I don't think the focus of the Church should be on changing the system. As a matter of fact, the more political a person gets the more I wish they would leave Christianity out of it. The more politically partisan a person becomes the more likely they are to start using bad arguments and bad theology to sanctify their entire political agenda. They do more harm than good. Those who agree with them will do so regardless of the perfunctory appeal to Christianity. The ones who don't will recognize the political rhetoric for what it is and be turned off to the church the person represents.

quote:
originally posted by RuthW:
BA: What should Christians say or do, then, in your opinion? If there were a prominent case of alleged police brutality involving a white cop and a black or brown member of the public in your town, would you address it in the pulpit? What would you say to parishioners troubled by the case and trying to decide what to say or do?

I wouldn't presume to proclaim a Christian response to any issue on which faithful Christians are clearly divided. This doesn't mean that individual Christians can't act on their convictions whatever they may be. They can and should. I have a problem when Christians make the political issues that separate us more important the faith that unites us. If you are making a controversial political issue central to the faith, you are missing the point and I don't what the political issue is, what political party supports it, or if I agree or disagree with your position.

Being from a small town, I would have to address a racially charged instance of police brutality. How I would address it would depend on the specific situation. I would not use the pulpit to jump to conclusions and call for specific actions before I truly knew the facts. One, I may end up being wrong. Two, I will forfeit any opportunity I might have to work towards reconciliation in the months and years to come. To quote the old Vulcan proverb, only Nixon could go to China. I'd tell my parishioners to follow their conscience but to think carefully before taking any action.
 
Posted by Gwai (# 11076) on :
 
Beeswax Altar: Does that mean you are careful never to take stands on non-social justice issues if they divide Christians? For instance, I presume you would avoid DH topics like the plague? If not, I don't see how you can say you would not state a Christian response when Christians disagree.
 
Posted by no prophet's flag is set so... (# 15560) on :
 
I agree with being cautious from the pulpit. As a parallel, I have, this past fall, heard from the pulpit discussion of violence, and particularly violence against women. We were invited to consider the systemic issues - there were several stories in the news at the time, 'murdered and missing aboriginal women'** and a broadcaster charged with sexual assault. We were asked to be agents of positive change, and we were led in a prayer about it which was aimed at us being positive agents about it.

I thought this was political, and also appropriate, as it addresses power imbalance between two identifiable groups - native and non-native, and women and those who are violent toward women. I have always thought power dynamics between groups is political. None of this has anything to do with political partisanship nor parties, and perhaps that's where the line is? I wouldn't accept political party-related discussion the same way.

** murdered and missing aboriginal women: there are calls for a royal commission on this, which means a national inquiry panel to investigate. The Anglican, Roman Catholic and United Church of Canada (made up of most Methodists, Presbyterians and Congregationalist) have all participated in Truth And Reconciliation meetings and hearings related to church mistreatment of aboriginal people in residential schools. Thus I do think we may have a cultural divide, where in Canada, we may be more likely to look to collective responsibility than in USA.
 
Posted by Beeswax Altar (# 11644) on :
 
I don't preach on abortion. I've begun to mention human sexuality more in preparation for having a parish wide conversation about blessing same sex unions. My focus is on what we as a local parish should do regarding blessing same sex unions not about what our state or the United States should do. I've mentioned the ordination of women in sermons but that's not a political issue. And as much as I would like to see a law banning crappy praise choruses that isn't a political issue either. What else? Creationism is a dead horse isn't it? I've mentioned creation v. evolution several times in sermons but that issue addresses things that really are fundamental to the Christian faith like the existence of God and reliability of scripture.
 
Posted by saysay (# 6645) on :
 
quote:
Originally posted by Horseman Bree:
But there are people who WANT to believe that social justice is not an issue the church should even think about.

No matter what the Bible says, and no matter how "literally" they read it. They can't see that The Two Great Commandments are about "we are all in this together, and God will not be happy if you mistreat someone else"

Hell, most of them can't remember that there are just TWO Great Commandments. They are too busy trying to get Hebrew rules written on court houses to recognise that they HAVE neighbours.

I'm sorry, but what's your evidence that the people who are trying to get Hebrew rules written on court houses aren't also running food banks and soup kitchens or otherwise trying to solve some of these problems without governmental intervention?

quote:
Originally posted by Beeswax Altar:
People built the old system. People corrupted the old system. People will build the new system. People will corrupt it. Meet the new boss same as the old boss.

There are times when I look at the school to prison pipeline in some of the places I've lived and think the system is working exactly as designed.

quote:
Originally posted by RuthW:
What should Christians say or do, then, in your opinion?

I know the question wasn't addressed to me. And like Beeswax Altar I wouldn't presume to tell a Christian what to do or say. But that Huffington Post piece was one of the most alienating things I've read in a while; it's pieces like that that make me think maybe I should give up on the Episcopalians because I will never actually be one of them and they will never stop reminding me of that.

And I'm not sure I even believe her when she says this:

quote:
We gathered in a church basement, where we listened to young organizers talk about what they were doing and why. Their message was clear: the church is not showing up. The church has no relevance for me, for my life.
Almost all of the community organizing meetings I've been to about coordinating a response to police brutality while addressing the problems in our communities have taken place in churches. Granted, many of them have taken place in nondenominational black churches. But unless she's defining the church as her church (and/or the Episcopal church), this statement is ridiculous. I will grant you that different places are different so it's possible that the young organizers in Ferguson do feel that way. But in most of the places I've lived the church is who shows up to fill in the gaps in the economic and social safety net.
 
Posted by Golden Key (# 1468) on :
 
saysay--

Um, Riverside Church isn't Episcopalian.
quote:
Affiliations
The church is interdenominational. It is affiliated with both the United Church of Christ and the American Baptist Churches and cooperates with the Council of Churches in the City of New York as well as the New York State, National, and World Councils of Churches.

You also said:

quote:
But in most of the places I've lived the church is who shows up to fill in the gaps in the economic and social safety net.
As I mentioned upthread, check out the Social Justice tab on the church's site. Go through all its sections. And note the lower-right corner of the front page--they've just started a winter homeless shelter. They're actually doing stuff, not just talking.

I found the article a little off-putting, simply because of so many buzz words. phrases, and attitudes. But I looked through the church's site; read Rev. Butler's bio, which you can find by clicking on her name at the top of the HuffPost article; and read her personal account on the church's site. AFAICT, there's more to her and her church than you seem to think.
 
Posted by Alan Cresswell (# 31) on :
 
quote:
Originally posted by saysay:
I'm sorry, but what's your evidence that the people who are trying to get Hebrew rules written on court houses aren't also running food banks and soup kitchens or otherwise trying to solve some of these problems without governmental intervention?

Food banks, soup kitchens, homeless shelters are very good things, but they are only really sticking plasters. Helping the poor will also need to include helping them into work, good schools, ensuring minimum wages are adequate to alleviate poverty, minimising their tax burden, ensuring there is quality affordable housing, providing quality affordable healthcare ... many of which are well and truly in the realm of government policy.

"When I give food to the poor, they call me a saint. When I ask why they are poor, they call me a communist." - Hélder Câmara
 
Posted by Golden Key (# 1468) on :
 
And, tying into the Camara quote: Che Gueverra reportedly said "Jesus made me a Communist".

[ 21. January 2015, 08:03: Message edited by: Golden Key ]
 
Posted by Gwai (# 11076) on :
 
BA: I'll give you credit for being generally consistent. Still it sounds like you have a belief that Christians shouldn't be divisive. I think many of us (on both sides of the spectrum) disagree and say there are points of doctrine/action on which we would split from the rest of the church. So if you preach that Christians shouldn't be divisive you are already taking a view on something that Christians greatly disagree over.

I don't say that to criticize you. I think how much one should fight over and where one should drop a thing for the sake of unity is a very hard question. I just mean to point out that I don't think it's possible to avoid having stated opinions about what Christians should do unless you have no hard opinions at all. And unity is a hard (though valuable) thing for sure!

That church is working for its beliefs intensely, so of course it's doing something divisive. Christ completely worship practices and beliefs, and boy was that divisive. If one has a strong belief about where the Church needs to be re race and racism, I don't know that it would clearly be very Christian to stand in the corner afraid of annoying anyone.

[ 21. January 2015, 14:10: Message edited by: Gwai ]
 
Posted by cliffdweller (# 13338) on :
 
quote:
Originally posted by Gwai:
BA: I'll give you credit for being generally consistent. Still it sounds like you have a belief that Christians shouldn't be divisive. I think many of us (on both sides of the spectrum) disagree and say there are points of doctrine/action on which we would split from the rest of the church. So if you preach that Christians shouldn't be divisive you are already taking a view on something that Christians greatly disagree over.

I don't say that to criticize you. I think how much one should fight over and where one should drop a thing for the sake of unity is a very hard question. I just mean to point out that I don't think it's possible to avoid having stated opinions about what Christians should do unless you have no hard opinions at all. And unity is a hard (though valuable) thing for sure!

That church is working for its beliefs intensely, so of course it's doing something divisive. Christ completely worship practices and beliefs, and boy was that divisive. If one has a strong belief about where the Church needs to be re race and racism, I don't know that it would clearly be very Christian to stand in the corner afraid of annoying anyone.

Spot on.

It's a hard balance, isn't it? If we allow ourselves to divide too easily over either doctrine or politics, we cause grievous harm to the body of Christ in direct opposition to the teaching of Jesus. But if we don't ever speak out on "divisive" issues, we cease to believe or stand for anything theologically, and our faith becomes mere words with no meaning or purpose in the real world.

As a preacher I find that line constantly before me. Part of the key IMHO is prophetic discernment. There are lots and lots of times when I share a controversial belief (hey, I'm an open theist, afterall, controversy is my middle name) but bracket it as my opinion-- making clear this is something on which Christians of good faith agree. But I'm very very hesitant to drag God into these frays. Having a pulpit is an awesome, fearsome responsibility. The temptation to say "thus saith the Lord" needs to be taken seriously. Before I go there I need to be really really sure I've heard from God in a way that is, at least in my mind, unequivocably real. I can't do it every week-- and I shouldn't.

[ 21. January 2015, 15:03: Message edited by: cliffdweller ]
 
Posted by saysay (# 6645) on :
 
quote:
Originally posted by Golden Key:
saysay--

Um, Riverside Church isn't Episcopalian.
quote:
Affiliations
The church is interdenominational. It is affiliated with both the United Church of Christ and the American Baptist Churches and cooperates with the Council of Churches in the City of New York as well as the New York State, National, and World Councils of Churches.


My bad. Beeswax Altar's reference to the Episcopalians confused me.

quote:
You also said:

quote:
But in most of the places I've lived the church is who shows up to fill in the gaps in the economic and social safety net.

quote:
As I mentioned upthread, check out the Social Justice tab on the church's site. Go through all its sections. And note the lower-right corner of the front page--they've just started a winter homeless shelter. They're actually doing stuff, not just talking.
I never said they were only talking the talk not walking the walk.

quote:
I found the article a little off-putting, simply because of so many buzz words. phrases, and attitudes. But I looked through the church's site; read Rev. Butler's bio, which you can find by clicking on her name at the top of the HuffPost article; and read her personal account on the church's site. AFAICT, there's more to her and her church than you seem to think.
I thought the article in the Huffington Post was alienating. That's not a judgment on the church, although if her sermons are anything like the article, I doubt I would feel particularly welcome in that congregation.

IME most places that describe themselves as affirming and inclusive are anything but. At least on Sunday morning, and regardless of what good works they try to do to help the poor in their communities during the week. YMMV, etc. etc.
 
Posted by saysay (# 6645) on :
 
quote:
Originally posted by Alan Cresswell:
quote:
Originally posted by saysay:
I'm sorry, but what's your evidence that the people who are trying to get Hebrew rules written on court houses aren't also running food banks and soup kitchens or otherwise trying to solve some of these problems without governmental intervention?

Food banks, soup kitchens, homeless shelters are very good things, but they are only really sticking plasters. Helping the poor will also need to include helping them into work, good schools, ensuring minimum wages are adequate to alleviate poverty, minimising their tax burden, ensuring there is quality affordable housing, providing quality affordable healthcare ... many of which are well and truly in the realm of government policy.
I know that. However, I live in the US. The realities of our political system mean that most politicians are in big business' pocket.

There are, for example, so many insurance agencies with so many people working in them fighting against single payer health insurance...
 
Posted by Alan Cresswell (# 31) on :
 
quote:
Originally posted by saysay:
I live in the US. The realities of our political system mean that most politicians are in big business' pocket.

If the political system is broken, and politicians are not working for the people they represent then perhaps that suggests a priority for the church would be to work to fix the system as the first step to getting society to work for the benefit of all it's citizens.
 
Posted by saysay (# 6645) on :
 
There are certainly many who think that.

However, there are also many who think that most of the problems in the system come from the fact that it panders to Christians (who are assumed to hold certain positions on Dead Horse issues regardless of whether or not they actually hold them).
 
Posted by Beeswax Altar (# 11644) on :
 
quote:
originally posted by Gwai:
BA: I'll give you credit for being generally consistent. Still it sounds like you have a belief that Christians shouldn't be divisive. I think many of us (on both sides of the spectrum) disagree and say there are points of doctrine/action on which we would split from the rest of the church. So if you preach that Christians shouldn't be divisive you are already taking a view on something that Christians greatly disagree over.

No, I have no problems with Christianity causing divisions. As many liberal Christians lament, the words of the Nicene Creed divide people. The exclusivist claim of salvation through Jesus divides people. I'm OK with that. I'm a Christian. I have a problem when people who identify as Christians deem the Christian faith as believed by the Church for centuries to be irrelevant but will not hesitate to fight tooth and nail for the platform of their political tribe. If I thought the implementation of my political beliefs was more important than the spread of the Gospel, I would have gone into politics.

quote:
originally posted by cliffdweller:
As a preacher I find that line constantly before me. Part of the key IMHO is prophetic discernment.

I'm skeptical of preachers claiming the prophetical mantle for themselves. Growing up in charismatic churches, I've heard prophecy used to justify a whole bunch of nonsense. I'm every bit as skeptical of mainline preachers claiming to be prophetic when preaching their politics from the pulpit.

quote:
originally posted by Alan Creswell:
Food banks, soup kitchens, homeless shelters are very good things, but they are only really sticking plasters. Helping the poor will also need to include helping them into work, good schools, ensuring minimum wages are adequate to alleviate poverty, minimising their tax burden, ensuring there is quality affordable housing, providing quality affordable healthcare ... many of which are well and truly in the realm of government policy.


And that's your opinion. However, the Gospels only address what the individual should do. Jesus tells the rich young rule to sell everything he owns. Jesus asks his individual disciples what they did to the least of these. Scripture and indeed Christian tradition doesn't provide a set of economic policies that Christians must strive to implement. Pretending it does is a mistake. Making the implementation of economic policies the main priority of the Church is an even bigger mistake. Besides, I thought we weren't supposed to try to force our religious beliefs on others through government force.

quote:
originally posted by Golden Key:
And, tying into the Camara quote: Che Gueverra reportedly said "Jesus made me a Communist".

Yeah, Che and Fidel changed the system didn't they? Would Jesus found a dictatorship that thousands would board overcrowded rafts and brave shark infested waters to escape? Cuba really is heaven compared to the other Communist countries.


quote:
originally posted by Alan Cresswell:
If the political system is broken, and politicians are not working for the people they represent then perhaps that suggests a priority for the church would be to work to fix the system as the first step to getting society to work for the benefit of all it's citizens.


Well, the church would have to define the people. Then, the church would have to come to a consensus about what a system that worked for the people looked like. Then, the church would have to convince the people that the system envisioned by the church would work better for the people than the current system. The good news of Jesus life, death, and resurrection is not that the United States can be more like Norway. For the record, it's not about Norway or any other nation becoming more like the United States either. Christians have flourished in every political system imaginable. Jesus sent his disciples to make more disciples not to overthrow the Roman Empire.
 
Posted by cliffdweller (# 13338) on :
 
quote:
Originally posted by Beeswax Altar:

snip
quote:
originally posted by cliffdweller:
As a preacher I find that line constantly before me. Part of the key IMHO is prophetic discernment.

I'm skeptical of preachers claiming the prophetical mantle for themselves. Growing up in charismatic churches, I've heard prophecy used to justify a whole bunch of nonsense. I'm every bit as skeptical of mainline preachers claiming to be prophetic when preaching their politics from the pulpit.
Kinda my point-- which you would had seen had you not snipped my comment out of context.
 
Posted by Beeswax Altar (# 11644) on :
 
It goes beyond how often you make prophetic political statements from the pulpit. Let's say I'm a member of your church. Would it be possible for me to discern your political beliefs from casual conversation? How about from reading your facebook feed? Because if I can, the chances that I'm going to believe you are truly being prophetic and not using the pulpit to cram your political opinions down my throat is about zero.
 
Posted by cliffdweller (# 13338) on :
 
quote:
Originally posted by Beeswax Altar:
It goes beyond how often you make prophetic political statements from the pulpit. Let's say I'm a member of your church. Would it be possible for me to discern your political beliefs from casual conversation? How about from reading your facebook feed? Because if I can, the chances that I'm going to believe you are truly being prophetic and not using the pulpit to cram your political opinions down my throat is about zero.

Wonderful demonstration of missing the point. Now go back and read what I actually said and try again.
 
Posted by Eutychus (# 3081) on :
 
hosting/
quote:
Originally posted by cliffdweller:
Wonderful demonstration of missing the point. Now go back and read what I actually said and try again.

Cliffdweller, asserting that people are missing the point is fine. Giving them paternalistic orders is not, and is not going to move the discussion forward in any helpful way.

I'm tiring of reminding you of the rules in this respect: take it to Hell if you must get personal.

/hosting
 
Posted by Alan Cresswell (# 31) on :
 
quote:
Originally posted by Beeswax Altar:
quote:
originally posted by Alan Cresswell:
If the political system is broken, and politicians are not working for the people they represent then perhaps that suggests a priority for the church would be to work to fix the system as the first step to getting society to work for the benefit of all it's citizens.


Well, the church would have to define the people. Then, the church would have to come to a consensus about what a system that worked for the people looked like. Then, the church would have to convince the people that the system envisioned by the church would work better for the people than the current system.
In this instance, the people would be those who live and work in the United States. And, ultimately those are the people who need to act for change, and therefore identify what changes they want. It might just take something from the Church, and others, to kick start the process. Perhaps as a start if the churches were to say that the amount of money spent on political campaigning in a country and world where so many people are in abject poverty is obscene, and suggest limits on spending and how much an individual can give to political parties - possibly linked to incentives for donations to organisations providing direct help to the poor instead. Without so much money from business and rich individuals bankrolling campaigns they will have less hold over politicians, and without the money to spend campaigning will have to rely more on individual party members on the doorstep - and (in the UK at least) the local party membership is going to be more representative of the people than the party central office and their PR people.

quote:
Christians have flourished in every political system imaginable.
It's not about whether Christians should flourish, but about the whole of society. It's about love of neighbour.
 
Posted by cliffdweller (# 13338) on :
 
my apologies.
 
Posted by Beeswax Altar (# 11644) on :
 
quote:
originally posted by Alan Creswell:
Perhaps as a start if the churches were to say that the amount of money spent on political campaigning in a country and world where so many people are in abject poverty is obscene, and suggest limits on spending and how much an individual can give to political parties -

Most restrictions on campaign finance has been ruled unconstitutional. Besides, both political parties receive billions of dollars in funding. What the focus on campaign finance assumes is that there is a unique third party position popular enough to win elections. I doubt there is. I'm sure there would be some benefit to removing some of the money from politics but not worth making it the priority of the Church. Christians haven't even embraced democracy until fairly recently. Hard to see how elections being run should be a central concern to Christians. Should it be important to us as Americans who live in a representative democracy? Maybe. Important to us as Christians? I don't think so.

quote:
originally posted by Alan Cresswell:
- and (in the UK at least) the local party membership is going to be more representative of the people than the party central office and their PR people

Even with all the money in US politics, representatives are more responsive to the people than members of parliament. Congressional whips only dream of having as much power as whips in parliament. Imagine a possible backbench revolt on nearly every major vote.

quote:
originally posted by Alan Cresswell:
It's not about whether Christians should flourish, but about the whole of society. It's about love of neighbour.

Campaign finance reform has nothing to do with loving one's neighbor. Again, where does Jesus call for political campaigns much less tell us how they should be financed? He doesn't. Given that broad an interpretation, love of neighbor can be used to justify anything and everything conceivable. A verse that can mean anything means nothing.
 
Posted by Amanda B. Reckondwythe (# 5521) on :
 
quote:
Originally posted by Beeswax Altar:
Imagine a possible backbench revolt on nearly every major vote.

Well, imagine a Senate where one member can kill a measure favored by the majority.
 
Posted by Rossweisse (# 2349) on :
 
quote:
Originally posted by Beeswax Altar:
...My facebook feed was filled with pictures and stories of Episcopal and other mainline clergy joining protests in Ferguson. If making the Gospel all about the progressive cause du jour was the secret to being deemed relevant by the masses, TEC parishes would all be filled to capacity. ...

However, the clergy involved in the Ferguson protests made a real difference there, helping to bring sides together, calming situations, and witnessing in a good way. I know many of them, and they're not all "progressive." They're concerned about their community and their witness.

There was one majorly wince-worthy moment when they met to pray with police officers and called on them to repent. That was arrogant, among other things - but that misstep aside, I didn't see any negatives stemming from their involvement. God bless them.
 
Posted by Golden Key (# 1468) on :
 
BA--

quote:
Originally posted by Beeswax Altar:

quote:
originally posted by Alan Creswell:
Food banks, soup kitchens, homeless shelters are very good things, but they are only really sticking plasters. Helping the poor will also need to include helping them into work, good schools, ensuring minimum wages are adequate to alleviate poverty, minimising their tax burden, ensuring there is quality affordable housing, providing quality affordable healthcare ... many of which are well and truly in the realm of government policy.


And that's your opinion. However, the Gospels only address what the individual should do. Jesus tells the rich young rule to sell everything he owns. Jesus asks his individual disciples what they did to the least of these. Scripture and indeed Christian tradition doesn't provide a set of economic policies that Christians must strive to implement. Pretending it does is a mistake. Making the implementation of economic policies the main priority of the Church is an even bigger mistake. Besides, I thought we weren't supposed to try to force our religious beliefs on others through government force.
What about the Sermon On The Mount? Wasn't just spoken to individuals. As Alan pointed out, politics can help implement Jesus' basic social teachings. Politics don't have to be "the main priority of the Church"; but shouldn't helping our neighbor have at least the basics of life be up there somewhere?
 
Posted by Gee D (# 13815) on :
 
quote:
Originally posted by Rossweisse:
There was one majorly wince-worthy moment when they met to pray with police officers and called on them to repent. That was arrogant, among other things - but that misstep aside, I didn't see any negatives stemming from their involvement. God bless them.

I assume that they also went to the protest leaders and asked them to repent for the damage to so many shops owned by blacks.
 
Posted by Golden Key (# 1468) on :
 
I heard something odd on NPR on Monday. I think it was in this segment of "Here & Now", about community policing. The transcript isn't posted yet, but the audio is.

There was a section where, IIRC, there was some kind of gathering of police and young (African-American?) people. A conversation went something like this:

quote:
Interviewer: So how do you tell the difference between these kids here, and bad kids out there?

Officer: Well, when they smile, wave, and say "Hi, officer!"

And I find that a little disturbing. Granted, it might be nice if cops and civilians got on that well. But if officers divide good and bad civilians according to who is happy to see them...they could seriously misjudge people.

And a lot of people probably don't pay them any attention at all.
 
Posted by lilBuddha (# 14333) on :
 
Right. Like all the white kids do, yeah? That's why they don't get harassed the same. [Roll Eyes]
 
Posted by saysay (# 6645) on :
 
quote:
Originally posted by Golden Key:
quote:
Interviewer: So how do you tell the difference between these kids here, and bad kids out there?

Officer: Well, when they smile, wave, and say "Hi, officer!"

And I find that a little disturbing. Granted, it might be nice if cops and civilians got on that well. But if officers divide good and bad civilians according to who is happy to see them...they could seriously misjudge people.

And a lot of people probably don't pay them any attention at all.

The worst part is that it's a vicious cycle. Once you've had one run-in with a bad cop who has violated your rights and left you with bruises for no reason you could see, you tend to get nervous around cops. In other cops' minds, that nervousness turns into probable cause for harassing you, because why would you be nervous if you weren't committing a crime?

Of course, that's before you even get to the cops who believe that failure to properly kiss their ass is a crime.
 
Posted by Horseman Bree (# 5290) on :
 
Seems to be the right place to post this: Black Man arrested and jailed for carrying a golf club an activity he had been doing in that area for 20 years.

Turns out that police person who arrested him was "tired of black people's paranoia that white people are out to get them."

As the article says, if she's tired of that form of paranoia, maybe she should stop proving that said paranoia has a basis in experience.

To be fair, the City did apologise and has moved the officer to desk duty. This is Seattle, not Ferguson.

[ 31. January 2015, 21:51: Message edited by: Horseman Bree ]
 
Posted by lilBuddha (# 14333) on :
 
How in the bloody hell did it get to a court without the video being viewed? How did it result in a conviction?

ETA: The linked video shows the cop lying as to why she stopped the man. A link on that link tells a more complete story, one which still shows the cop to be a liar.

[ 01. February 2015, 01:30: Message edited by: lilBuddha ]
 
Posted by Leorning Cniht (# 17564) on :
 
quote:
Originally posted by lilBuddha:
How in the bloody hell did it get to a court without the video being viewed? How did it result in a conviction?

The prosecutor filed charges based on the written police report alone, without reviewing any of the evidence. Mr. Wingate, who was apparently told by his lawyer "just sign, and everything basically goes away" agreed to a continuance for 2 years, subject to a set of conditions.

Should the prosecutor have reviewed the car's video? Maybe, but the system isn't set up to have the prosecutor be the line of defense against a lying cop, and while a prosecutor might want to review the evidence to ensure he has a good case, I rather suspect that in a lot of cases prosecutors move based on the police report alone, push the defendant into a plea bargain, and move on to the next case.

Did the defense attorney railroad Mr. Wingate into accepting the charge? The report rather sounds that way, but without knowing the details of the discussion between Mr. Wingate and his attorney, it's hard to say for certain. If the attorney wasn't very sure he could get a not guilty judgement in court, a "keep your nose clean for two years" continuance might be a rational tactic.
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by Leorning Cniht:

Should the prosecutor have reviewed the car's video? Maybe, but the system isn't set up to have the prosecutor be the line of defense against a lying cop, and while a prosecutor might want to review the evidence to ensure he has a good case, I rather suspect that in a lot of cases prosecutors move based on the police report alone, push the defendant into a plea bargain, and move on to the next case.

No maybe, the tape should have been reviewed. Took less than 5 minutes of time to do so, no excuse.
quote:
Originally posted by Leorning Cniht:

Did the defense attorney railroad Mr. Wingate into accepting the charge? The report rather sounds that way, but without knowing the details of the discussion between Mr. Wingate and his attorney, it's hard to say for certain. If the attorney wasn't very sure he could get a not guilty judgement in court, a "keep your nose clean for two years" continuance might be a rational tactic.

Lousy defence attorney. Same reason as above.
 
Posted by saysay (# 6645) on :
 
quote:
Originally posted by lilBuddha:
How in the bloody hell did it get to a court without the video being viewed? How did it result in a conviction?

For all the lofty rhetoric, that's how our criminal injustice system works in practice for anyone below the middle class.

Rule #1: never piss off a cop*.

*things that can piss off a cop: being the wrong color, gender, having a "funny" look on your face, mocking him by saying 'sir', being disrespectful by not saying 'sir', etc.
 
Posted by Palimpsest (# 16772) on :
 
My favorite part

quote:

Before [Police Chief] O’Toole announced she would be seeking a review of the officer’s conduct, police had said they believed the counseling Whitlatch received from her supervisor was “an appropriate resolution.

I'm sure the Police Guild will defend her right to give false testimony.

At least Seattle has apologized and gotten the continuance dismissed. For a look at a more typical reaction read this Letter from Alberqurque

[ 01. February 2015, 21:34: Message edited by: Palimpsest ]
 
Posted by cliffdweller (# 13338) on :
 
quote:
Originally posted by Palimpsest:

At least Seattle has apologized and gotten the continuance dismissed. For a look at a more typical reaction read this Letter from Alberqurque

Lord have mercy. Literally.
 
Posted by Golden Key (# 1468) on :
 
Tonight's "The Lawn Chair" episode of ABC TV's "Scandal" is very relevant.

{Slight SPOILERS for series story arc:}

Olivia Pope is a "fixer" in Washington, DC. She fixes the problems of the rich, powerful, and famous. (Occasionally, other people, too.) She's African-American, and the sometime mistress and great love of the white president of the US.

In "The Lawn Chair", there's a Ferguson-type situation, and Olivia winds up right in the middle of it.

Very powerful episode. Looks at all sides. I haven't read the reviews, but I've seen headlines that indicate similar feelings.

It doesn't seem to be online yet. Maybe in a few days?
 
Posted by Barnabas62 (# 9110) on :
 
Hasn't arrived in the UK yet. "Scandal" is a pretty addictive series and I've been hooked by it. Will look out for the episode out of general interest, so thanks for the heads up.
 
Posted by Golden Key (# 1468) on :
 
"Scandal" always makes me feel like I'm watching the Old Testament/Hebrew scriptures. *That* level of personal mess and intrigue.

[Eek!]
 
Posted by romanlion (# 10325) on :
 
Well as long as this thread has bobbed back to the surface....

This seems relevant as well.

From the article:

"In an 86-page report released Wednesday that detailed and evaluated the testimony of more than 40 witnesses, the Justice Department largely corroborated or found little credible evidence to contradict the account of the officer, Darren Wilson"


That's powerful stuff, considering the current AG.
 
Posted by betjemaniac (# 17618) on :
 
quote:
Originally posted by Barnabas62:
Hasn't arrived in the UK yet.

Be fair - it took House of Cards the best part of 30 years to go the other way...
[Big Grin]
 
Posted by Soror Magna (# 9881) on :
 
quote:
Originally posted by romanlion:
... From the article:

"In an 86-page report released Wednesday that detailed and evaluated the testimony of more than 40 witnesses, the Justice Department largely corroborated or found little credible evidence to contradict the account of the officer, Darren Wilson"


That's powerful stuff, considering the current AG.

Yes, and there was a lot of powerful stuff in the full Justice Department report. Stuff like this:

quote:
The Justice Department's investigation found a pattern of racial disparities among Ferguson Police, from use of force to traffic stops. The report argued these disparities can only be explained, at least in part, because of unlawful bias and stereotypes against African Americans.

The report noted that, although black people make up about 67 percent of Ferguson's population, 88 percent of documented uses of force by Ferguson police from 2010 to August 2014 were against African Americans. In the 14 police canine bite cases for which racial data was available, the people bitten were black.

There were similar racial disparities in traffic stops. From 2012 to 2014, 85 percent of people stopped, 90 percent of people who received a citation, and 93 percent of people arrested were black. Black drivers were more than twice as likely as their white counterparts to be searched during vehicle stops, but 26 percent less likely to have contraband.

Yep, that's powerful stuff. The report also describes how the Ferguson police were directed by city authorities to raise more revenue and targeted African-American residents to achieve that goal.
Read the full report here.
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by Soror Magna:
Yep, that's powerful stuff. The report also describes how the Ferguson police were directed by city authorities to raise more revenue and targeted African-American residents to achieve that goal.
Read the full report here.

Also available from the Justice Department's website [PDF].

For those who don't want to wade through over a hundred pages of corruption and violence, the Washington Post has the tl;dr version. The organization described seems less like a law enforcement organization and more like a criminal conspiracy to plunder the black residents of Ferguson.
 
Posted by Barnabas62 (# 9110) on :
 
[Scandal tangent]
quote:
Originally posted by betjemaniac:
quote:
Originally posted by Barnabas62:
Hasn't arrived in the UK yet.

Be fair - it took House of Cards the best part of 30 years to go the other way...
[Big Grin]

Slight misunderstanding. The episode GK referred to is not yet available in the UK. But Series 4 is being screened on Sky Living and the first three series are also available.
[end Scandal tangent]

Back on the main theme. The shortcomings in Ferguson are scandalous and damning. It's hardly surprising that some guilt by association was applied to Darren Wilson. But the report on the shooting provides good confirmation that the Grand Jury finding was reasonable, whatever legitimate criticisms may apply to that specific process or more generally to the Ferguson authorities.
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by Barnabas62:
Back on the main theme. The shortcomings in Ferguson are scandalous and damning. It's hardly surprising that some guilt by association was applied to Darren Wilson. But the report on the shooting provides good confirmation that the Grand Jury finding was reasonable, whatever legitimate criticisms may apply to that specific process or more generally to the Ferguson authorities.

And yet a lot of people were surprised (or at least acted surprised) by the suggestion that the Ferguson Police Department or the local judiciary were anything other than paragons of truth and justice. The notion that maybe the Ferguson police would lie about their actions and be backed up by a complacent court system was treated some kind of wild-eyed conspiracy theory.
 
Posted by Palimpsest (# 16772) on :
 
The report also makes it clear that many of the people in the city government are part of the problem;
a persistent problem of discrimination

quote:
In one instance in the report, a city official expressed unease about the injustice that kept the city afloat. In 2012, a City Council member wrote to other city officials opposing the reappointment of the municipal court judge, arguing that he “does not listen to the testimony, does not review the reports or the criminal history of defendants, and doesn’t let all the pertinent witnesses testify before rendering a verdict.”

The city manager acknowledged the judge’s shortcomings. But, according to the report, he said, “the City cannot afford to lose any efficiency in our Courts, nor experience any decrease in our Fines and Forfeitures.” The judge was reappointed.


 
Posted by Barnabas62 (# 9110) on :
 
@ Croesos

Linked earlier in the thread.

Folks polarised around the "two stories" for sure, but the facts don't fully support either story. The scandalous imperfections of Ferguson's "law and order" have been exposed, as has the evidence which supports the Grand Jury verdict re Wilson. That just doesn't fit the presuppositions of either polarised group.

And that's the problem with polarisation. Folks jump to conclusions.
 
Posted by lilBuddha (# 14333) on :
 
Not that I disagree about polarisation, B62, but they are not equal. One has history, and current practice, as an influencing factor.
 
Posted by Soror Magna (# 9881) on :
 
Conclusion 1: One Ferguson cop wasn't racist in one particular incident.

Conclusion 2: Ferguson police officers are generally racist.

One can leap to either conclusion, but Conclusion 2 has been shown to apply to a far greater number of police officers than Conclusion 1. Conclusion 2 also has a vastly more significant impact on the community than Conclusion 1.
 
Posted by Horseman Bree (# 5290) on :
 
And, of course, the courts in Ferguson show no racial bias, or any other malfeasance at all...


NOT

What joy to know that poor people (not all of them black, TBF) can be thrown into debtors' prison until someone ransoms them. How great to be able to recreate pre-Industrial England (right down to living in a pile of feces while in jail), while the upper class drink champagne and, presumably, eat cake.

What happened to Marie Antoinette? Is there sufficient public force to bring back the America we once knew and sometimes loved?
 
Posted by Dave W. (# 8765) on :
 
quote:
Originally posted by Horseman Bree:
Is there sufficient public force to bring back the America we once knew and sometimes loved?

Such yearning! Yet I'm struggling to imagine exactly when this America existed that "we" (by which I suppose you mean you) knew and loved.

When exactly was America known and loved by you for its fair and even-handed treatment of the poor and minorities at home, and modest and helpful engagement abroad? Or did it have some other praiseworthy virtue, now sadly lost?
 
Posted by Barnabas62 (# 9110) on :
 
I agree with Attorney General Eric Holder. Here is a quote from his 4 March statement.

quote:
I recognize that the findings in our report may leave some to wonder how the department’s findings can differ so sharply from some of the initial, widely reported accounts of what transpired. I want to emphasize that the strength and integrity of America’s justice system has always rested on its ability to deliver impartial results in precisely these types of difficult circumstances – adhering strictly to the facts and the law, regardless of assumptions. Yet it remains not only valid – but essential – to question how such a strong alternative version of events was able to take hold so swiftly, and be accepted so readily.

A possible explanation for this discrepancy was uncovered during the course of our second federal investigation, conducted by the Civil Rights Division to determine whether Ferguson Police officials have engaged in a widespread pattern or practice of violations of the U.S. Constitution or federal law.

As detailed in our searing report – also released by the Justice Department today – this investigation found a community that was deeply polarized; a community where deep distrust and hostility often characterized interactions between police and area residents.

Full transcript can be found here.

To judge from the reports about the Ferguson response - example here - it's hard to have much confidence in the local will to clean up the act.

[ 07. March 2015, 20:50: Message edited by: Barnabas62 ]
 
Posted by lilBuddha (# 14333) on :
 
In fairness. I'm not certain what could be gained by the police chief attending other than if he did so to resign.
I hope people can now see why so many immediately believed the police were in the wrong.
I am not saying this belief should affect a particular ruling, but pointing out that the mistrust is based on reality.
Ferguson is not as isolated an example as it should be, we are not in a post-racial world.
If anything, this underscores the validity of the protests and the need for reform.
 
Posted by Palimpsest (# 16772) on :
 
A new incident has occurred in Madison, Wisconsin. police officer shoots apparently unarmed black teenager

Details are still being reported.

There have been protests. Wisconsin passed a law last year that requires such police shootings to be investigated by a state agency and not left to the local police force.

It will be interesting to see how this differs given the liberal political attitudes in Madison if not the state. At the very least the Mayor and Police Chief haven't so far said anything to outrage the citizenry.
 
Posted by Horseman Bree (# 5290) on :
 
quote:
Originally posted by Dave W.:
quote:
Originally posted by Horseman Bree:
Is there sufficient public force to bring back the America we once knew and sometimes loved?

Such yearning! Yet I'm struggling to imagine exactly when this America existed that "we" (by which I suppose you mean you) knew and loved.

When exactly was America known and loved by you for its fair and even-handed treatment of the poor and minorities at home, and modest and helpful engagement abroad? Or did it have some other praiseworthy virtue, now sadly lost?


 
Posted by Horseman Bree (# 5290) on :
 
Sorry, was interrupted.

I can remember a time when the Republic seemed to be heading in a generally better direction. There was a science program that wasn't being eviscerated by creationists; when women were being recognised as actual people, not just rape fantasies; when the abortion issue was basically settled; when the Voting Rights Act was seen to be a helpful thing; when you guys didn't have a party that totally opposed a President; when equality was sen as an actual part of your Constitutional deal; when having workers paid properly in decent jobs was seen as the foundation of a Great Society.

What have you got now? Duck Dynasty and Honey-Boo-Boo as icons of how to live; politicians who actively work at destroying the Office of the President; wars that are fought for no visible reason, with weapons that would be regarded as inhumane by anyone but Dr. Strangelove; and a population that thinks Elvis is still alive.
 
Posted by Porridge (# 15405) on :
 
quote:
Originally posted by Horseman Bree:
Sorry, was interrupted.

I can remember a time when the Republic seemed to be heading in a generally better direction.

Seemed to whom? I don't know how old you are, but I'm less than a decade away from retirement. I was a pre-teen when MLK was murdered, and in my mid-teens when women were marching for treatment as humans in their own right. When was this golden age when people of color, women, and sexual minorities enjoyed -- or were in clear sight of enjoying -- full equality and fair and equal treatment under US law?

quote:
Originally posted by Horseman Bree:
There was a science program that wasn't being eviscerated by creationists;

I'm reasonably sure that mine isn't the only part of the country where regular old bio, chem, & physics form a normal part of high school curricula in local school districts, although back when I was in school we dissected actual frogs, and now they use virtual ones.

quote:
Originally posted by Horseman Bree:
. . . when women were being recognised as actual people, not just rape fantasies;

When & where was this "actual people" scenario playing out, exactly? I remember things differently, and I've been a woman for more than 3 decades.

quote:
Originally posted by Horseman Bree:
when the abortion issue was basically settled;

This I do remember. A woman couldn't legally get one, period.

quote:
Originally posted by Horseman Bree:
. . . when the Voting Rights Act was seen to be a helpful thing;

Unless maybe you were a certain Southern governor and the folks who voted him into office . . .

. . . and on and on and on.

See, here's the thing: if you find it so trying to live next to the US, there's an assortment of oceans you could put between you and The Great Satan. What really puzzles me, though, is how you can rub virtual shoulders with so many US Shipmates who clearly do not oppose the President, believe in equality and fair pay, have no truck with Duck Dynasty or Honey Boo Boo (though clearly you must, in order to know them well enough to heap contempt on them), oppose our government's military actions, etc. etc., and yet (depite this regular interaction with such Americans), go right on lumping us all together in a single undifferentiated knuckle-dragging mass.

What is your problem?
 
Posted by Dave W. (# 8765) on :
 
quote:
Originally posted by Horseman Bree:
Sorry, was interrupted.

I can remember a time when the Republic seemed to be heading in a generally better direction.

Again - when exactly was this?

And what wars has the US fought in your lifetime (and with what weapons) that you found so much more congenial than those of today?
 
Posted by Golden Key (# 1468) on :
 
What Porridge and Dave W said.

HB, I've suspected for a long time that you want to believe in American ideals so much that it hurts you when you find that we don't live up to them.

It reminds me of a pastor I met who was deeply against speaking in tongues. Turned out, he'd gone to a charismatic service. Someone spoke in tongues--and the pastor understood, because the message was in an ancient language that he understood. Fine and good--except someone stood up and gave a false translation. Somewhere in there, the pastor decided that the whole thing was false, and became bitterly against speaking in tongues. Emphasis on "bitterly". He couldn't deal with the discrepancy.
 
Posted by Palimpsest (# 16772) on :
 
It's been downhill since Jackson and the takeover by parties or factions.

Still, I wonder if there was a sense of liberal progression starting in the sixties that coincided with the coming of age of the baby boom. Yes, there was a struggle, but it looked like things would be getting better.

That optimism seems to be gone, along with the sense that there is boundless opportunity.
That may be related to the decline of the baby boomers.
 
Posted by Eutychus (# 3081) on :
 
hosting/
quote:
Originally posted by Horseman Bree:
What have you got now? Duck Dynasty and Honey-Boo-Boo as icons of how to live; politicians who actively work at destroying the Office of the President; wars that are fought for no visible reason, with weapons that would be regarded as inhumane by anyone but Dr. Strangelove; and a population that thinks Elvis is still alive.

Your defiance of my recent warning directed at you against fuelling pond wars is noted. To the admins.
/hosting
 
Posted by romanlion (# 10325) on :
 
The (second) odd silence on this thread says more than every word herein....
 
Posted by ChastMastr (# 716) on :
 
quote:
Originally posted by romanlion:
The (second) odd silence on this thread says more than every word herein....

That after 21 pages, other than "racism is horrible, it hasn't gone away, and things have been spiraling out of control, and we have to try to fix this somehow, God have mercy," there's little else to say?
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by Soror Magna:
Conclusion 1: One Ferguson cop wasn't racist in one particular incident.

Conclusion 2: Ferguson police officers are generally racist.

One can leap to either conclusion, but Conclusion 2 has been shown to apply to a far greater number of police officers than Conclusion 1. Conclusion 2 also has a vastly more significant impact on the community than Conclusion 1.

Indeed it does. But much of my criticism in relation to this whole affair was on people's insistence on treating Case 1 as if it must be an example of Systemic Problem 2.

I in fact said that often the cases that are made poster-childs for campaigns are exactly the cases that shouldn't be used because they don't fit.

[ 13. March 2015, 01:43: Message edited by: orfeo ]
 
Posted by orfeo (# 13878) on :
 
And in fact, even with that report there's still capacity for the same kind of flawed logic that applies an overall finding to an individual case.

You can bet a large sum that people are going to use the statistics about the proportion of arrests that are of African-Americans (93 percent, when they are only 67 per cent of the population) and say "you arrested me because I'm black", and statistically in about 2 out of every 3 cases that argument is going to be false.
 
Posted by lilBuddha (# 14333) on :
 
Only if those arrests are for unique crimes. If a significant number are black person arrested, found not remotely connected, proper investigation done, non-black person who actually fits the evidence then arrested; then the stats will be even more lopsided.
There is also the possibility that black people are arrested for things that white people are not, which also might skew the statistics.
Hey, wait, I've heard about a place where this has happened. Someplace in the US, possibly in Missouri. Big investigation, results in the news I think. Now where was that?
 
Posted by RuthW (# 13) on :
 
Which is zero comfort to one out of three.

If one out of three times white people were stopped by cops it was complete bullshit ... well, I can't finish that sentence. Because none of my interactions with police have had anything to do with my being white.
 
Posted by Palimpsest (# 16772) on :
 
Perhaps, but the argument holds that Police seem to always arrest only Black people and with frequent horror stories about Police arresting Black people on trumped up charges while dropping tickets for White people who are friend of the City Government still hold. It's unsurprising that the Blacks in Ferguson assumed this was just another incident of illegal violence.

Ferguson bias doesn't have a border is an article that points out that some of the gross bias in statistics is not restricted to the rotten government in Ferguson. Other cities in the area have even worse statistics. Also a number of the cities are violating the state law that caps the percentage of municipal revenue that can come from traffic fines at 30 percent.

[ 13. March 2015, 03:31: Message edited by: Palimpsest ]
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by lilBuddha:
Hey, wait, I've heard about a place where this has happened. Someplace in the US, possibly in Missouri. Big investigation, results in the news I think. Now where was that?

Dunno. It didn't make NEARLY as big a splash as the story that a white cop got away with murder.
Although it did manage to make a bigger splash than the findings that actually, no he didn't.
 
Posted by Barnabas62 (# 9110) on :
 
When it comes to assessing the guilt or innocence of a particular individual, assumptions based on the race or employment of any individual are basically unfair and can lead to profound injustice. That principle cuts both ways. A point profoundly underlined, certainly burned into my mind, by the trial of Tom Robinson in 'To Kill a Mocking Bird'.

Above the Old Bailey in London, the statue symbolising justice holds scales to symbolise the weighing of evidence. She is blindfold, symbolising that all trials should not make assumptions based on the appearance or status of individuals. Of course these are ideals and of course they are not always applied with equity in practice. But they inform the mind about the proper standards to be applied.
 
Posted by lilBuddha (# 14333) on :
 
Response to orfeo:
You are thinking confirmation bias, I am thinking confirmation of bias.
Connect the dots. The findings confirm why people don't trust the authorities. Because they cannot be blindly trusted and that there still exists a strong bias. And too large a percentage of the time, they will be justified in their fears.
so how are people supposed to react to the verdict? "Way hey, he didn't commit murder, but given his wonky narrative he probably escalated the confrontation uneccesarily to deadly force and caused a preventable death. But it the charge over-reached and the prosecution couldn't prove its case so yea Justice"?

[ 13. March 2015, 05:26: Message edited by: lilBuddha ]
 
Posted by Barnabas62 (# 9110) on :
 
His narrative wasn't wonky. That's essentially what that 87 page report concluded. It also demolished a large number of genuinely wonky witness narratives. That's what weighing the facts against the testimony can do.
 
Posted by Palimpsest (# 16772) on :
 
It's worth noting that since the DOJ report which exonerates the policeman, there hasn't been much, if any, challenge of its findings on that subject by anyone.
That didn't happen when Grand Jury came to the same conclusion. The second part of the DOJ report explains why local Black people not trust the local legal system to produce a true description of anything.
 
Posted by Hiro's Leap (# 12470) on :
 
quote:
Originally posted by orfeo:
statistically in about 2 out of every 3 cases that argument is going to be false.

It also assumes that white people and black people in Ferguson are equally likely to commit crime. Since black Americans are (on average) poorer than white ones, and many types of crime correlate to poverty, this may not be a valid assumption.

If you want to determine whether the police are racist, you need to compare statistics for black vs white people within a similar income bracket, not for the wider population.

It seems possible to me that the key problem here isn't the police, but a lack of social mobility and integration in the US that keeps many black Americans poor.
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by Barnabas62:
His narrative wasn't wonky. That's essentially what that 87 page report concluded. It also demolished a large number of genuinely wonky witness narratives. That's what weighing the facts against the testimony can do.

Alright, comment was not accurate. But, reading through parts of the report, the evidence and its corroboration of wilson's account is focussed on what happened after the initial confrontation. That is where all the forensic evidence is. Where it is not is the initial confrontation. It is not unreasonable to suspect Wilson began the confrontation poorly and set the stage for escalation. Does this mean he is a murderer? No,
Does this mean that Brown was an innocent? No.
But there is still plenty of room to think Wilson's actions were at least partially responsible for an unnecessary death.
 
Posted by M. (# 3291) on :
 
Tangent - the statue atop the Old Bailey isn't blindfold.

M.
 
Posted by Barnabas62 (# 9110) on :
 
lilBuddha

Without re-running that whole thing yet again, there are really only two accounts of that initial encounter, from Darren Wilson and from Michael Brown's companion. Which of those two has the greater credibility?

I've read that latter testimony in its entirety and Michael Brown's companion damaged his own credibility irreparably by his account of the struggle while Darren Wilson was in the car. What he testified to wasn't just contradicted by the forensic evidence, it just didn't make sense.

Now of course his account of the first encounter (when they were walking down the centre of the road) might be accurate and Darren Wilson might be lying about that. There might have been some perceived provocation. But so far as I can see, all you have in support of that is the testimony of an unreliable witness. That's a pretty weak thread to tie the albatross of provocation around Darren Wilson's neck. Regardless of how provocative police behaviour might have been, typically, in that neighbourhood.

[ 13. March 2015, 06:37: Message edited by: Barnabas62 ]
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by lilBuddha:
Connect the dots. The findings confirm why people don't trust the authorities. Because they cannot be blindly trusted and that there still exists a strong bias. And too large a percentage of the time, they will be justified in their fears.

Certainly. No argument there. The findings on the systemic question (which as I understand it is separate to the report on the single incident) do confirm all that.

quote:
so how are people supposed to react to the verdict? "Way hey, he didn't commit murder, but given his wonky narrative he probably escalated the confrontation uneccesarily to deadly force and caused a preventable death. But it the charge over-reached and the prosecution couldn't prove its case so yea Justice"?
First, they're supposed to not build the conclusion into the reaction by asserting that the narrative was wonky as if that's an established fact.

Second, they're supposed to stop buying into the basic assumption that "our opponents in this systemic fight are biased" means "our opponents in this systemic fight are always wrong". It's just not true.

No matter how many people treat politics as a team sport whereby, if you're a Democrat, a Republican can never say anything helpful or insightful, it's not true.

No matter how many people cheer every decision in a sporting contest that favours their team and boo every decision that favours the opposing team, the referee is often correct when he rules against you.

You don't solve bias in one direction by simply applying equal and opposite bias. You don't address a working assumption that in any encounter, the black person is at fault by replacing it with a working assumption that in any encounter, the white authority figure is at fault. That's not justice, that's just revenge.

[ 13. March 2015, 07:19: Message edited by: orfeo ]
 
Posted by Moo (# 107) on :
 
There is an omission in the report about disparate traffic stops of black drivers. They compare the percentage of black stops to the percentage of blacks living in Ferguson. It is probably not the case that every driver who is stopped in Ferguson lives there.

The only traffic citation I have ever received was in a town adjacent to the one where I lived.

Moo
 
Posted by Barnabas62 (# 9110) on :
 
quote:
Originally posted by M.:
Tangent - the statue atop the Old Bailey isn't blindfold.

M.

True. The tradition of the blindfold Lady Justice goes back to the 15th Century - and many other Lady Justice statues are blindfold. But I was wrong about the one on the Old Bailey. Wiki informs me that the Old Bailey brochure advises that her impartiality is assured by her "maidenly form". I think I prefer the blindfold ..
 
Posted by Palimpsest (# 16772) on :
 
You're not the only one who prefers the blindfold;
spirit of justice covered
 
Posted by Palimpsest (# 16772) on :
 
quote:
Originally posted by orfeo:
You don't solve bias in one direction by simply applying equal and opposite bias. You don't address a working assumption that in any encounter, the black person is at fault by replacing it with a working assumption that in any encounter, the white authority figure is at fault. That's not justice, that's just revenge.

You don't solve bias by ignoring it. Some of the Ferguson police are Black so it's not always a White authority figure. If however, the Authority is unusually corrupt and does not care about justice, you would be foolish to rely on that authority to correct its own wrongs rather than lie.

The report shows a large number of people who have been fined and arrested on spurious charges of resisting arrest the system has been perverted into a tax farming revenue system.

Do you expect them and their neighbors to believe that system will correct its own excesses? I wouldn't. Instead they listen to whatever stories are given by random people who claim to have been there.

The unusual thing in this case is that there's a Department of Justice that's working to expose and stop systemic racial bias. It's not clear it will continue past this administration.

There have been a number of resignations. The extremely well paid judge has resigned although he continues to hold other part time positions as judge and prosecutor in nearby cities.

The City Council, which responded to one councilor pointing out that the Judge didn't even listen to defense evidence with the "yeah but we need the revenue and he goes through a lot of cases fast" is still there. Do you expect them to correct the system they built?

Given the systemic bias against black people baked into that system, you correct for the bias by assuming that the system, when it testifies on its own behalf, has no credibility. None.
 
Posted by Barnabas62 (# 9110) on :
 
But you don't assume the guilt of any particular individual representative of that law and order process because of the general stink. That's what orfeo is saying. That's what impartiality means. That's what Attorney General Holder said.

Nobody is saying there isn't a general stink.
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by Barnabas62:
But you don't assume the guilt of any particular individual

And it is because many police still do that black people assume the worst from them.
 
Posted by Barnabas62 (# 9110) on :
 
Also true.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by Palimpsest:
quote:
Originally posted by orfeo:
You don't solve bias in one direction by simply applying equal and opposite bias. You don't address a working assumption that in any encounter, the black person is at fault by replacing it with a working assumption that in any encounter, the white authority figure is at fault. That's not justice, that's just revenge.

You don't solve bias by ignoring it. Some of the Ferguson police are Black so it's not always a White authority figure. If however, the Authority is unusually corrupt and does not care about justice, you would be foolish to rely on that authority to correct its own wrongs rather than lie.

The report shows a large number of people who have been fined and arrested on spurious charges of resisting arrest the system has been perverted into a tax farming revenue system.

Do you expect them and their neighbors to believe that system will correct its own excesses? I wouldn't. Instead they listen to whatever stories are given by random people who claim to have been there.

[brick wall]

I honestly wonder how anyone got "just ignore the bias" out of anything I said.

And I wonder even more how anyone thinks "just believe every rumour that flies around instead" is a good solution.

One of the things that particularly amazes me about this case is the approach, both on and off the Ship, that says that the policeman's evidence isn't credible because he has a motive to slant his story a certain way. Well, duh. That's not the problem. The problem is failing to apply the same scepticism to the second guy that was stopped by the policeman, who just as obviously has a motive to slant his story a certain way.

This is exactly why things like physical evidence are so crucial. I don't basically believe this policeman because I think he has perfect recall or because he has no reason to exaggerate, I basically believe him because there's physical evidence to support key things such as that there was a struggle for his gun.
 
Posted by Palimpsest (# 16772) on :
 
quote:
Originally posted by orfeo:
[QUOTE]Originally posted by Palimpsest:


[brick wall]

I honestly wonder how anyone got "just ignore the bias" out of anything I said.


I got it out of what you didn't say. We all agree there are two conclusions of the report, but you focus on only the first; that the police officer should be acquitted. You only mentioned the second as far as claiming that people use it to claim that the first conclusion when made by the system is unreliable.

So, did I miss your comments about a system that the police, the court, the judge and the clerks office were biased and geared toward extracting fines rather than administering justice?

Earlier in the thread you said in defense of the Grand Jury presentation;

quote:
But this is also what shits me. Politics is largely a fact-free zone. I am naive and idealistic enough to hope that the court system still has an interest in facts. I am even naive and idealistic enough to believe that politics, and public debate in general, should be interested in facts, but I'm well aware that it usually isn't.

Do you believe that the court system in Ferguson demonstrated that still has an interest in facts? Did I miss a post where you discussed how your naïve ideals were wrong about the courts here?
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by orfeo:

This is exactly why things like physical evidence are so crucial. I don't basically believe this policeman because I think he has perfect recall or because he has no reason to exaggerate, I basically believe him because there's physical evidence to support key things such as that there was a struggle for his gun.

The physical evidence convinces me that Wilson's account was relatively correct after the confrontation began. It does not convince me that he did not set the tone for more violence than was necessary. It does not convince me that he was purely a respondent and not also an aggressor.
It also further convinces me that American cops are poorly trained* and too much reliant on their firearms.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by Palimpsest:
quote:
Originally posted by orfeo:
[QUOTE]Originally posted by Palimpsest:


[brick wall]

I honestly wonder how anyone got "just ignore the bias" out of anything I said.


I got it out of what you didn't say. We all agree there are two conclusions of the report, but you focus on only the first; that the police officer should be acquitted. You only mentioned the second as far as claiming that people use it to claim that the first conclusion when made by the system is unreliable.

So, did I miss your comments about a system that the police, the court, the judge and the clerks office were biased and geared toward extracting fines rather than administering justice?

Earlier in the thread you said in defense of the Grand Jury presentation;

quote:
But this is also what shits me. Politics is largely a fact-free zone. I am naive and idealistic enough to hope that the court system still has an interest in facts. I am even naive and idealistic enough to believe that politics, and public debate in general, should be interested in facts, but I'm well aware that it usually isn't.

Do you believe that the court system in Ferguson demonstrated that still has an interest in facts? Did I miss a post where you discussed how your naïve ideals were wrong about the courts here?

I have acknowledged the presence of overall bias again and again and again. I've even done it in my posts last night, whatever you might think my "focus" is. I have also explicitly stated in some other headline cases that it looks to me, from my external seat on a lounge munching popcorn, that the policemen in those cases did something wrong.

If you want to ignore that and focus on the fact that I don't agree with the Ship's majority on the guilt of this particular policeman, that's your decision. I'm not going to waste my time trying to be answerable to selective reading. Frankly, if I want to talk about examples of bias, I only need refer to my own experience of people painting me as being on one "side" of this debate when all I've done for months on end is criticise the constant insistence on dividing everybody neatly into 2 categories.

[ 13. March 2015, 23:52: Message edited by: orfeo ]
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by orfeo:
quote:
Originally posted by lilBuddha:
Connect the dots. The findings confirm why people don't trust the authorities. Because they cannot be blindly trusted and that there still exists a strong bias. And too large a percentage of the time, they will be justified in their fears.

Certainly. No argument there. The findings on the systemic question (which as I understand it is separate to the report on the single incident) do confirm all that.

Palimpsest: For example.

I'm done here. Again. Honestly, I do not know why I bother, I've got better things to do with my life than deal with the fact that so many people think the answer to prejudice is reverse prejudice.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by lilBuddha:
quote:
Originally posted by orfeo:

This is exactly why things like physical evidence are so crucial. I don't basically believe this policeman because I think he has perfect recall or because he has no reason to exaggerate, I basically believe him because there's physical evidence to support key things such as that there was a struggle for his gun.

The physical evidence convinces me that Wilson's account was relatively correct after the confrontation began. It does not convince me that he did not set the tone for more violence than was necessary. It does not convince me that he was purely a respondent and not also an aggressor.
It also further convinces me that American cops are poorly trained* and too much reliant on their firearms.

Yes, because trying to open your car door is so violent.

Seriously, how do you expect police to do any policing? You don't want them to talk to anyone?, To tell anyone to stop doing something wrong?

At which point, precisely, would you like to apportion a decent amount of blame to the other guy? The one whose disrespect for authority ranges from casually robbing a store to reaching for a policeman's gun?

Over and out.
 
Posted by lilBuddha (# 14333) on :
 
[Roll Eyes]
Haven't had too many encounters with authority, have you. I've had the same enquiry posed by different authorities. Some very polite and conversational, some confrontational. All asking what the Hell someone like me was doing in a place like this, but some very much more aggressive.
If a car door is opened in front of you, perhaps not violent. If a car door is opened into you, violent.

I am saying that, even if the final outcome is the correct one, it does not inherently make Wilson a blameless angel.
 
Posted by Palimpsest (# 16772) on :
 
quote:
Originally posted by orfeo:
If you want to ignore that and focus on the fact that I don't agree with the Ship's majority on the guilt of this particular policeman, that's your decision. I'm not going to waste my time trying to be answerable to selective reading. Frankly, if I want to talk about examples of bias, I only need refer to my own experience of people painting me as being on one "side" of this debate when all I've done for months on end is criticise the constant insistence on dividing everybody neatly into 2 categories.

You seem to have neatly placed me in the category of someone who thinks the policeman is guilty. I did not say this Policeman was guilty. After the DOJ report, I say he isn't guilty, since that report is credible.

I have said that the local government appears incapable of handling this case or convincing people they can. I've also said that the people who are supposed to clean this up are part of the problem. This is an inadequate solution. Some of the later developments; resignations of top officials; the state taking over the court, and perhaps replacing the police department might be a start to a long process. Also, the problem is larger than the municipality of Ferguson, as mentioned in the links I posted about other cities in the region.
 
Posted by Barnabas62 (# 9110) on :
 
quote:
Originally posted by lilBuddha:

I am saying that, even if the final outcome is the correct one, it does not inherently make Wilson a blameless angel.

Well, of course he doesn't have to be a blameless angel, does he?

But I still don't know what reliable evidence there is that in this particular incident he provoked Michael Brown. I think you have suspicions, which you are entitled to. And they are supported by Dorian Johnson's testimony. So I'll have one more go.

Read Dorian Johnson's testimony.

And consider carefully what he says, particularly in the car confrontation. If you believe he is a credible witness, not just in the face of the contradictory forensic testimony, but also in terms of the internal coherency of his account, then we'll just have to agree to differ about what makes a witness account credible.

Look in particular at page 50-54 in the transcript. Dorian Johnson has a seated Wilson trying to pull a very large man, 80lb heavier than himself, into the car, through the car window, with the car door closed, with his left hand only. Heck, you may be right about poor police officer training but nobody is that stupid.
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by Barnabas62:

But I still don't know what reliable evidence there is that in this particular incident he provoked Michael Brown.

No, there is no reliable evidence.
To be completely honest, The way the police handled the situation from the outset raised my suspicions and it is difficult to completely factor that out.
quote:
Originally posted by Barnabas62:

I think you have suspicions, which you are entitled to. And they are supported by Dorian Johnson's testimony. So I'll have one more go.

Eyewitness testimony is fraught with problems. I am not basing any doubts on his testimony.

quote:
Originally posted by Barnabas62:

Heck, you may be right about poor police officer training

The amount of training that US police officers are required to receive is appallingly low. In the UK, police receive far more training at the base level. And well more again for those who are allowed to carry firearms.

quote:
Originally posted by Barnabas62:

but nobody is that stupid.

I am not asserting that Wilson necessarily is, but some people certainly are.
 
Posted by Moo (# 107) on :
 
quote:
Originally posted by lilBuddha:
If a car door is opened in front of you, perhaps not violent. If a car door is opened into you, violent.

A car door can be opened into you only if you are standing right next to it. Why did Brown position himself there?

Moo
 
Posted by Barnabas62 (# 9110) on :
 
quote:
Originally posted by lilBuddha:
Eyewitness testimony is fraught with problems.

Sure is. The Justice Department Report does a pretty good job in this particular case of sifting out reliable and unreliable testimony, and the various pressures on witnesses.

It looks as though those whose eyewitness testimony was corroborated by forensic evidence and supported Officer Wilson's account came under community pressure "not to let the side down". Page 36 also has this telling entry.

quote:
Witnesses Consistent with Prior Statment, Physical Evidence and Other Witnesses who Inculpate Wilson

There are no witnesses who fall under this category

I think a part of the justifiable criticism of Ferguson Law and Order is this strong impression that support for the law enforcement agencies may have put loyalty ahead of veracity. But that is also a sword which cuts both ways.

I have a great deal of respect for you as a Shipmate and the way you post, and I'm not seeking to minimise the stink in Ferguson in any way. But the community in which Michael Brown grew up also seems to have questions to answer about that pressure on witnesses. Community leaders need to be willing to acknowledge that the evidence which exonerates Officer Wilson is impressive, however uncomfortable that may be.

Progess cannot be made if the myth is perpetuated that "it's all their fault". Whoever "they" might be.
 
Posted by lilBuddha (# 14333) on :
 
I do not disagree with your post B62.* Though I would qualify that the onus is greater on the abuser than the abused.

quote:
Originally posted by Moo:
quote:
Originally posted by lilBuddha:
If a car door is opened in front of you, perhaps not violent. If a car door is opened into you, violent.

A car door can be opened into you only if you are standing right next to it. Why did Brown position himself there?

Moo

Or why did Wilson position his vehicle where he did?
We could do this all day and not resolve anything.
What I am arguing is the beginning of any encounter can influence the tone of the encounter. And that the police, especially American police,** have a poor history of setting tone.
In this case we cannot know. And I freely admit my predjudice, and unfortunately experience, colours my view.


*other than the misguided respect.
**In regards to race, especially, but not exclusively
 
Posted by Barnabas62 (# 9110) on :
 
quote:
Originally posted by lilBuddha:
I do not disagree with your post B62.* Though I would qualify that the onus is greater on the abuser than the abused.

*other than the misguided respect.

You're too modest. And your qualification is right on the money. I'm very conscious that I haven't personally been on the receiving end of anything like the Ferguson "stink".
 
Posted by Palimpsest (# 16772) on :
 
This is an article about the upcoming Ferguson City Council Races

It's going to be a long hard road to fixing the problems even if everyone works hard to do so. Right now, there are more Black candidates, but voter registration and projected turnouts are a problem.
 
Posted by Leorning Cniht (# 17564) on :
 
quote:
Originally posted by lilBuddha:

We could do this all day and not resolve anything.
What I am arguing is the beginning of any encounter can influence the tone of the encounter. And that the police, especially American police,** have a poor history of setting tone.

Yes, I agree. I think I've posted before about the feedback mechanism of growing distrust between the police and the policed, and it's clear that in Ferguson, and in many other places, there's plenty of distrust to go around.

It will be neither quick nor easy to get from where we are now to where we would like to be. The police have the power in this situation, so they need to make the first move. Changing the tone with which they begin interactions with members of the public (yes, even ones they suspect of criminal offenses) would be a fine move to make.
 
Posted by Palimpsest (# 16772) on :
 
In this specific case, it's not clear that the current Police have power. The State is mulling over whether the municipal police should be replaced and the Justice Department is contemplating what demands they would want in order to settle with the City. It will probably include a special master to review Police incidents.
The state is also thinking of reducing the maximum percentage of revenue the cities can get from traffic fines from 30% to 10% and is looking at cities which are already over the 30% cap.

All of this may falter, but for the time being, there's a fair amount of attention. It's definitely an unusual amount of focus on business as usual.
 
Posted by saysay (# 6645) on :
 
At some point we're also going to have to deal with the people who make a profit off of prisons and prisoners and really don't want the system to change.
 
Posted by Palimpsest (# 16772) on :
 
Ferguson and the Right is an article by the Managing Editor that appeared in National Review, a conservative (Right Wing) U.S. magazine.

It makes some interesting points about the conservative reaction to the Ferguson report.
 
Posted by Leorning Cniht (# 17564) on :
 
quote:
Originally posted by Palimpsest:

The state is also thinking of reducing the maximum percentage of revenue the cities can get from traffic fines from 30% to 10% and is looking at cities which are already over the 30% cap.

I think these kinds of fines should be explicitly non-revenue making. Take all the money, put it in a pot, and pay it out as a tax credit to all your citizens next year, or something.

But remove the incentive for police forces to profit from fines.
 
Posted by orfeo (# 13878) on :
 
I swear, he stole the last paragraph off me. [Biased]

[X-post]

[ 17. March 2015, 01:28: Message edited by: orfeo ]
 
Posted by Palimpsest (# 16772) on :
 
Agreed that revenue from fines encourages this dysfunction. The problem is figuring out how to finance these cities. Many of them have severe revenue problems. The solution is probably not one where the city can't afford a police force. Fixing this would require state-wide restructuring of taxes in ways that are not likely to happen. This problem can be seen quite clearly in how schools are financed locally.
 
Posted by Leorning Cniht (# 17564) on :
 
quote:
Originally posted by Palimpsest:
Many of them have severe revenue problems. The solution is probably not one where the city can't afford a police force. Fixing this would require state-wide restructuring of taxes in ways that are not likely to happen. This problem can be seen quite clearly in how schools are financed locally.

Most cities raise their fine income from their own residents, so the residents are already paying for the police force. Go revenue-neutral on fines and increase the local property tax to pay for the police force, and you don't actually change anyone's net fiscal situation.

You don't need state-wide anything.

The kind of city that has a permanent cop lurking on the 300 feet of state highway within its boundaries to generate income is fairly rare.
 
Posted by W Hyatt (# 14250) on :
 
quote:
Originally posted by saysay:
At some point we're also going to have to deal with the people who make a profit off of prisons and prisoners and really don't want the system to change.

Thanks for the link: very interesting reading. I already knew that our system of justice was broken, but I have been way underestimating just how broken it is.
 
Posted by lilBuddha (# 14333) on :
 
The John Oliver piece within that link on civil forfeiture sounds like it should be describing a third-world despotic regime.
 
Posted by Palimpsest (# 16772) on :
 
quote:
Originally posted by Leorning Cniht:

The kind of city that has a permanent cop lurking on the 300 feet of state highway within its boundaries to generate income is fairly rare.

From the article I posted earlier about the cities around Ferguson
Ferguson became a symbole but bias knows no borders

quote:
Officials in nearby cities rejected any comparison to Ferguson.

“You don’t dismantle the whole house in order to kill one bug,” said Mayor Patrick Green of Normandy, who is black. He said that his police force had issued more citations since state agencies asked it to help patrol Interstate 70, and that the money had been used to pay for public safety. “Everyone’s saying, ‘Oh, no, that’s cities just taking advantage of the poor,’ ” he said. “When did the poor get the right to commit crimes?”


 
Posted by orfeo (# 13878) on :
 
Which is arguably the wrong question. The question arguably should be "when did the rich get the right to commit crimes but be let off?"

He's right on one level, of course. If you do actually breach the traffic laws, you've got no comeback. I always have limited sympathy for people who complain about speeding fines as "revenue-raising", because there's a very obvious way not to contribute to the revenue: don't speed.

However, there's no way the policy as to whether a technical/minor breach is actioned should depend on the colour of your skin.
 
Posted by ChastMastr (# 716) on :
 
quote:
Originally posted by saysay:
At some point we're also going to have to deal with the people who make a profit off of prisons and prisoners and really don't want the system to change.

Amen, amen, and amen. [Frown]
 
Posted by Golden Key (# 1468) on :
 
orfeo--

But speed traps aren't that simple. (Motorists.org)

quote:
What Is A Speed Trap?

When most people think about speed traps, they think about police hiding behind billboards or waiting to pick off motorists right where the speed limit changes.

However, there is a broader, more accurate definition that covers these situations and more:

A speed trap exists wherever traffic enforcement is focused on extracting revenue from drivers instead of improving safety, made possible by speed limits posted below the prevailing flow of traffic.

(Italics mine.)

And the related National Speed Trap Exchange site has this:

quote:
Detailed research by the U.S. Department of Commerce has shown that the safest rate of travel is a few miles per hour above the average traffic speed. Enforced speed limits set below that average speed are speed traps, sacrificing safety for revenue.
In other words, it's a set up.

BTW, the Speed Trap Exchange is where drivers can share info--so far, they've got more than 80,000 sites listed in the US and Canada.

(Anyone else thinking of the 70s(?) movie "Convoy", about long-haul truckers dealing with local law enforcement? [Big Grin] )
 
Posted by orfeo (# 13878) on :
 
That is completely arse backwards as a regulatory concept. You can't set a speed limit based on the flow of traffic. The flow of traffic is determined by a range of factors, including the speed limit.

A large number of people habitually travel at 5-10 km/h faster than the speed limit no matter what you set the speed limit as.

It's no different to setting the start time for a church service. I've witnessed what happens when, because a lot of people arrive 10-15 minutes after the start time, the church moves the start time back 15 minutes. The same people then arrive 10-15 minutes after the NEW start time.

There is no "natural" flow of traffic that overrides the speed limit. The simple fact is, even if you as an individual driver believe that you can currently do a faster speed, you're not allowed to.

Given the ridiculous set of assumptions that most drivers have about the level of their skills (70% of drivers rated themselves 'above average' in one survey I know about), reaction times, stopping capacity, motorists are an absolutely terrible candidate for the kind of self-regulation that a claim of a "natural" speed involves. Speeding is against the law. End of. Every attempted "justification" I've ever heard, on the Ship, or otherwise, for why it would actually be alright to go faster is a load of codswallop, and sometimes involves ignoring large branches of medicine and physics.

And furthermore, in the jurisdictions I know about speed limits are not arbitrary, they are determined by a set of criteria. The fact that most motorists don't have a damn clue about half the criteria (certainly no expertise in them) and only go "but the road is nice and wide and open" just proves why motorists shouldn't be in charge of setting their own rules. If they were, all that would happen would be in an increase in cases like the bloke who killed his 2 passengers near my house because he didn't understand how to handle a series of curves that are slow but also long.

[ 17. March 2015, 06:22: Message edited by: orfeo ]
 
Posted by Dave W. (# 8765) on :
 
quote:
Originally posted by orfeo:
That is completely arse backwards as a regulatory concept. You can't set a speed limit based on the flow of traffic. The flow of traffic is determined by a range of factors, including the speed limit.


Sure you can:
quote:
When establishing a speed limit, the main premise is that most drivers are prudent and will voluntarily comply with a reasonable speed limit. To determine what is reasonable, engineers measure drivers' speed on a section of roadway, the speed at which 85% of drivers are at or below is the standard for determining a speed limit. A properly set speed limit will be within 3 miles per hour (±) of this observed speed. The posted speed limit will then be rounded to the nearest 5 miles per hour.
(From Maine's Department of Transportation.)
quote:
Originally posted by orfeo:
And furthermore, in the jurisdictions I know about speed limits are not arbitrary, they are determined by a set of criteria.

Just because you have criteria doesn't mean they're not arbitrary. Do you have a link? It would be interesting to compare.
 
Posted by orfeo (# 13878) on :
 
I found the document for New South Wales. You will see that it gets pretty detailed.

[ 17. March 2015, 13:48: Message edited by: orfeo ]
 
Posted by orfeo (# 13878) on :
 
PS I also found the Victorian version, which is slightly longer and arguably laid out in a less attractive manner. There is in fact a set of standards that form the basis of road management across all of Australia and New Zealand (with a bit of local modification no doubt), but to read those standards you have to pay for them.
 
Posted by orfeo (# 13878) on :
 
Gotta love the Maine (and apparently most of USA?) method. A guaranteed way of ensuring you can book 15% of drivers for speeding?

But then, they repeatedly deny any suggestion of creating speed traps.

However, halfway through the, um, delightful instructional video, they actually start talking for about a minute about factors of the road environment that are exactly like the factors considered here.

There's a whole massive discussion to be had here about rule of law and theories of legal compliance.
 
Posted by orfeo (# 13878) on :
 
Apologies for adding yet another post, but I did leave it for a long while.

The logical problem with the 85th percentile rule that MaineDOT claim to be applying can be shown very easily, with one question:

How did you set the speed limit on the new road?
 
Posted by Dave W. (# 8765) on :
 
For newly constructed roads, I suspect they assign provisional limits, then do the engineering study.

The 85 percentile speed appears to be a standard guide for setting limits across the US. Here's the California Manual for Setting Speed Limits:
quote:
Speed limit determinations rely on the premise that a reasonable speed limit is one that conforms to the actual behavior of the majority of drivers; one will be able to select a speed limit that is both reasonable and effective by measuring drivers' speeds. Speed limits set by E&TS [engineering and traffic studies] are normally set near the 85th percentile speed. The 85th percentile speed is the speed at or below which 85 percent of the traffic is moving, and statistically represents one standard deviation above the average speed.

Studies of the effects of establishing, raising and lowering speed limits include federal studies FHWA-RD-92-084 and FHWA-RD-98-154 (summaries can be found in Appendix D.1 and the full reports can be found at the FHWA web site). These studies demonstrate that the most effective attribute in establishing the speed limit is to determine the 85th percentile speed and set the posted speed close to that value. The empirical data in these studies demonstrates that setting the speed limit too high or too low can increase collisions. Speed limits that are set near the 85th percentile speed of free flowing traffic are safer and produce less variance in vehicle speeds. Because of this, the 85th percentile is used to establish the upper limit of operating speeds that are considered reasonable and prudent.

Apparently (according to one of the studies cited) changing the posted speed limit doesn't have much effect on the actual average speed on many roads, but it helps prevent inadvertent outliers by setting a standard and it provides an unambiguous basis for enforcement.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by Dave W.:
For newly constructed roads, I suspect they assign provisional limits, then do the engineering study.

How do you set a provisional limit? What's the basis for it? Putting "provisional" in front of it does nothing to solve the logical problem of finding a basis for deciding what that limit is going to be. All I'm going to ask you now is: how did you set the provisional limit on the new road?

And the next question is: how did that provisional limit influence driving behaviour for your study? The obvious problem with the "engineering study" is that one of the largest factors of many drivers in deciding the speed at which to drive is the speed limit. It's certainly a major factor in my driving speed, because I have no interest in subjecting myself to a fine.

So they're not actually getting a measure of the "free" flow of traffic. The flow of the traffic isn't free, it's hampered by the existing speed limit. To actually get a proper examination of the supposed question (what do drivers think is a sensible speed to drive on this road), you have to inform drivers that there is no wrong answer - that they are allowed to drive unhampered by a law that says that acting on an answer above the current speed limit is unlawful.

It's badly circular logic. Someone has taken the statistic that the 85th percentile is the safest speed, and not understood that setting the speed limit is one of the methods of influencing what the 85th percentile value is, not that the speed limit should simply reflect it.
 
Posted by LeRoc (# 3216) on :
 
quote:
orfeo: How do you set a provisional limit?
Benchmarking. You look at similar roads, and you set the provisional limit equal to that.

Your new road is a country road with some curves. Most country roads with some curves have speed limit of 40 mph. So you set your provisional limit at 40 mph. In the first weeks, you fine no-one, but you do your engineering study.

You find out that unlike the other country roads with some curves, 70% of the cars go faster than 40 mph on your road. They may go 45, they may go 52, but a lot of cars don't obey the speed limit, more than at other country road with curves. So you set the permanent speed limit of your road to 50 mph.

Simples.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by LeRoc:
quote:
orfeo: How do you set a provisional limit?
Benchmarking. You look at similar roads, and you set the provisional limit equal to that.

Your new road is a country road with some curves. Most country roads with some curves have speed limit of 40 mph. So you set your provisional limit at 40 mph. In the first weeks, you fine no-one, but you do your engineering study.

You find out that unlike the other country roads with some curves, 70% of the cars go faster than 40 mph on your road. They may go 45, they may go 52, but a lot of cars don't obey the speed limit, more than at other country road with curves. So you set the permanent speed limit of your road to 50 mph.

Simples.

Why? Why do "most country roads with some curves have speed limit of 40 mph"? On what basis? How did they get that speed limit in the first place?

And okay, hands up who has actually seen these 'provisional' speed limits that only last for a few weeks?

I have no problem with the idea that what the traffic is actually doing can be used in a review of a speed limit. That is, in fact, something that comes into the Australian system. My point, though, is that it's simply not viable to use it as the starting point for a speed limit, and even this answer proves that. You have to begin with criteria that look at the road and the road environment, not driver behaviour. You are assessing the new road to compare it to existing roads and see which physical features it has in common.

And I just can't think of any evidence that people set 'provisional' speed limits with the expectation of immediately doing a study and committing to changing them based on the study. Those kinds of studies in fact only happen on particular roads, when something flags that a review is needed to check whether speed limit is appropriate.

If the American claimed system was confined to that - to using driver behaviour as a factor in a review - I wouldn't have a problem with it. But it's kind of obvious to me, given my profession, that you can't use driver behaviour as the primary basis for setting a speed limit when:

1. At the time you're setting the speed limit, there isn't any driver behaviour; and

2. The speed limit you set affects subsequent driver behaviour.

It's also interesting that the response to driver speeding (well, apart from taking advantage of the ability to repeatedly fine over 15% of the population) is to change the rule, not change the road to slow them down. The main road through my suburb - the one on which the guy killed his 2 passengers - has had some speed humps introduced onto it after exactly the same kind of percentile analysis. This is to increase the percentage of people complying with the 60km/h speed limit. At some point a little before that pedestrian crossing islands had also been added.

The American proposal would be to increase the speed limit, which would mean that a street with numerous driveways, curves, bus stops, a school zone, a scout hall and the entry point for the local supermarket would authorise people to drive their cars at a speed more likely to cause injury and death, to pedestrians in particular, if an incident occurred, and with increased stopping distances.

[Paranoid]

There is something fundamentally odd about taking the view that driver's behaviour ought to be judged purely by drivers, as if drivers are the only interest group and roads exist in some kind of vacuum instead of being surrounded by houses, people and even other roads. I know there's plenty of evidence of the level of influence of car companies in making America all about cars, but that's just ridiculous.

It is also ridiculous to take away the ability to say to drivers that their behaviour in a given situation simply isn't appropriate. That they've failed to exercise the necessary skills in driving. The 85th percentile system is like a teacher at the start of the semester saying "Hello class! We promise that 85% of you will pass this course! Even if none of you know shit!"
 
Posted by LeRoc (# 3216) on :
 
quote:
orfeo: Why? Why do "most country roads with some curves have speed limit of 40 mph"? On what basis? How did they get that speed limit in the first place?
By the same process.

quote:
orfeo: And okay, hands up who has actually seen these 'provisional' speed limits that only last for a few weeks?
Me.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by LeRoc:
quote:
orfeo: Why? Why do "most country roads with some curves have speed limit of 40 mph"? On what basis? How did they get that speed limit in the first place?
By the same process.
How was the limit on the first one set?

You are basically facing the "it's turtles all the way down" problem.

[ 18. March 2015, 07:08: Message edited by: orfeo ]
 
Posted by orfeo (# 13878) on :
 
I must say, it seems to me that the American authorities have discovered an ingenious way to repeatedly fine 15% of drivers for speeding.

I'm wondering, though, why those drivers aren't crying foul and saying "What are you punishing us for? We were no more than 15 percentiles off the safest possible speed! You should be going after all those people who were travelling below the 60th percentile - they're all worse than us!"

And it's a fair question: why would governments seeking to raise revenue restrict themselves to fining just 15% of the population, when they could be fining 60% of the population? And the beauty is it's guaranteed by definition: if those people speed up, it doesn't matter, because someone else is then in the bottom 60%

This of course works with the 85th percentile as well: if people who are being fined slow down, then the absolute speed corresponding to the 85th percentile drops, which warrants a change in the speed limit (which is displayed as an absolute speed, not as a percentile), which then means that people whose driving behaviour was previously legal will find themselves now being fined.

Which leads to me conclude that either:

1. The US authorities aren't changing speed limits much because they're relying on the fact that fined motorists are more likely to whinge loudly about being fined and set up websites about "speed traps", rather than actually change driving behaviour and affect the 85th percentile.

2. The whole process doesn't actually quite work that way and they peddle the "you're setting the speed limit, not us" line because it appeals to the American mindset.


Either seems equally likely.
 
Posted by Dave W. (# 8765) on :
 
quote:
Originally posted by orfeo:
quote:
Originally posted by Dave W.:
For newly constructed roads, I suspect they assign provisional limits, then do the engineering study.

How do you set a provisional limit? What's the basis for it? Putting "provisional" in front of it does nothing to solve the logical problem of finding a basis for deciding what that limit is going to be. All I'm going to ask you now is: how did you set the provisional limit on the new road?
Easy - use the limits set on similar, existing roads.
quote:


And the next question is: how did that provisional limit influence driving behaviour for your study?

As I pointed out in the post immediately above the one in which you ask this question - not much.

You don't seem to get it - this is not a "logical" problem, it's a practical one. I don't know exactly how they set limits on newly constructed roads - using provisional limits was a guess - but it's obviously not insuperable. It certainly doesn't logically necessitate the conclusion that all American transportation authorities are lying about the basis for speed limits.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by Dave W.:
You don't seem to get it - this is not a "logical" problem, it's a practical one.

It's both. And it's the exact kind of problem I deal with every day of my working life. That's why I'm talking about it.

If you don't want arbitrary speed limits - or arbitrary government decisions about anything - you have to define the criteria that are going to be used in the decision.

Those criteria have to be workable. A criterion that says look at driver behaviour is not workable before there is any driver behaviour.

Your solution is to say "simple. look at other roads." But the whole point is that's not the same criterion. That's avoiding the claimed rule - and note, I'm not the one claiming that ought to be the rule, I've got American authorities claiming that that is the rule - because you recognise the rule doesn't work. It's not possible to apply a rule that says "set the speed limit to the 85th percentile of traffic on this road" when there isn't yet anybody on this road.

So you end up basing it on the speed limit of some other road you think is similar. First, that's thrown the whole supposed rationale (that every road is different) out the window. Second, how exactly did you decide that this other road was similar? You must have used some criteria, like LeRoc's "country road with curves".

I repeat, this is exactly what I spend my days doing. This basically is what legislative drafting is about. I talk to people about whether the proposed process/criteria for decision making actually make sense and will be workable in all situations. Because if they're not, you have a recipe for disputes. You came up with one solution to the problem of setting the speed limit for a new road. What if the government folk come up with a different solution to yours? What if they picked a road as "similar" that you don't think is "similar"? Which one of you is right, when you both agree that the actual "rule" fails to do the job?

And it's a practical problem as well, because the notion behind this appears to be "the 85th percentile is the safest speed, and therefore we want to encourage people to travel at the 85th percentile". Which is an interesting logical puzzle to set yourself, given that, by definition, nearly 85% of people will be slower and nearly 15% will be faster. It's relevant how much faster/slower people are going, but the discussion I've seen doesn't seem to quite grasp the conceptual distinction.

It also only deals with the probability of an incident, not the gravity of one. And again, it's thoroughly car-focused, in that it seems to be about collisions between cars and not about your capacity to stop if a child runs into the street.

[ 18. March 2015, 11:55: Message edited by: orfeo ]
 
Posted by orfeo (# 13878) on :
 
Can I also add, that if any of this is actually a law about how to set road limits - as opposed to just a claimed policy with no legal standing - then it provides a golden avenue for someone in the USA to challenge a speeding fine, on the grounds that the speed limit on the road was not lawfully determined.

(And that's exactly why I have these sorts of conversations with MY clients.)

Of course, to try and return from this utter tangent (a fascinating tangent for me, but still a tangent), the black people of Ferguson probably don't have a lot of access to lawyers to make ingenious arguments. They just have to pay the fine.
 
Posted by LeRoc (# 3216) on :
 
quote:
orfeo: How was the limit on the first one set?
This was a new section of a ring road around a middle-sized city. The limit was first set at 70 km/h, because that's the limit for most ring roads around middle-sized cities in the Netherlands.

I guess this general rule arose historically. Since people started driving cars and since they started building ring roads they did research and tried out several speed limits, and most cities found out that 70 km/h worked best for them.

However in this case, after this section was opened, they found out that a lot of drivers broke the limit, much more than on similar roads around other cities. They also did research that showed to their satisfaction that raising the limit wouldn't give rise to extra accidents etc. So they raised the limit.

quote:
orfeo: You are basically facing the "it's turtles all the way down" problem.
No turtles. The rules-of-thumb 'this is the usual speed limit on a ring road' or 'this is the usal speed limit on a rural road with curves' arose historically.
 
Posted by Dave W. (# 8765) on :
 
quote:
Originally posted by orfeo:
Can I also add, that if any of this is actually a law about how to set road limits - as opposed to just a claimed policy with no legal standing - then it provides a golden avenue for someone in the USA to challenge a speeding fine, on the grounds that the speed limit on the road was not lawfully determined.

Two days ago you had no idea how US transportation authorities set speed limits. Since then, you've written north of 1500 words on the topic, concluding that they're all lying about how they do it, and now you think you may actually have found a fool-proof defense against speeding tickets.

Allow me to say that I am highly skeptical when you say "this is exactly what I spend my days doing", if by "this" you mean anything like writing manuals for guiding traffic engineers in doing their job.
 
Posted by lilBuddha (# 14333) on :
 
Engineering software for roads, including the American versions, will give you a guideline for safe speed. It reference lines of sight, the angle of the roadway through curves, intersecting roadways, anticipated traffic load, etc.
Pity none of the research, maths and experience goes into the decisions for speed limits.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by Dave W.:
quote:
Originally posted by orfeo:
Can I also add, that if any of this is actually a law about how to set road limits - as opposed to just a claimed policy with no legal standing - then it provides a golden avenue for someone in the USA to challenge a speeding fine, on the grounds that the speed limit on the road was not lawfully determined.

Two days ago you had no idea how US transportation authorities set speed limits. Since then, you've written north of 1500 words on the topic, concluding that they're all lying about how they do it, and now you think you may actually have found a fool-proof defense against speeding tickets.

Allow me to say that I am highly skeptical when you say "this is exactly what I spend my days doing", if by "this" you mean anything like writing manuals for guiding traffic engineers in doing their job.

I doubt that it's lying, in terms of being consciously aware of the logical knot and doing it anyway.

I've written rules to guide offshore petroleum exploration, auctions, telephone numbering, OH&S licensing, patent applications, awarding export quotas, imports of chemicals, fishing licences, prescribing anti-cancer drugs, setting the prices of drugs, labelling wine, labelling appliances for water efficiency, and calculating superannuation.

To name a few highlights.

Do you know what one of the most common forms of comment is from my clients? "Wow. You've sure learnt a lot about this subject in the couple of days since you started the job."

You can be sceptical all you like, but I've walked into a meeting of geologists and discussed with them at length whether they are accurately describing the data that's required in an oil exploration report, and had them agree that I'm right and that their previous guidelines were imprecise. I know what I do, and I know I'm good at it.
 
Posted by orfeo (# 13878) on :
 
And in fact I can think of at least one job where I've had to have the same kind of conversation about the timing problem - that you can't use a fact as a decision-making criterion if the fact won't exist at the time the decision must be made.

It had to do with providing telephone and internet services to new housing developments. You appear to believe that, because I have no real expertise in telecommunications technology, the construction industry or real estate sales, I had no capacity to point out that you can't know certain things about a building or group of buildings when they haven't been built yet.

[ 19. March 2015, 01:30: Message edited by: orfeo ]
 
Posted by Dave W. (# 8765) on :
 
I'm sure Australia must be very lucky indeed to have such a wonderfully talented person.

And yet, for all your self-proclaimed expertise, you can't seem to figure out how or why traffic engineers can integrate surveys of observed speeds into a procedure for zoning speed limits. It's rather reminiscent of the apocryphal story of the scientist who proved that bumblebees can't fly.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by Dave W.:
I'm sure Australia must be very lucky indeed to have such a wonderfully talented person.

And yet, for all your self-proclaimed expertise, you can't seem to figure out how or why traffic engineers can integrate surveys of observed speeds into a procedure for zoning speed limits. It's rather reminiscent of the apocryphal story of the scientist who proved that bumblebees can't fly.

I understand perfectly how they can do it once there is traffic. I'd be deeply fascinated about your insights as to how they can integrate such a survey into the procedure for establishing the speed limit on a road that no-one has driven on yet.

While you're at it, can you please calculate my tax income returns for the next 5 years? I don't know what my income will be yet, but apparently that's no bother.

*Mutters to self* Relational definitions. It's all in relational definitions...

[ 19. March 2015, 02:30: Message edited by: orfeo ]
 
Posted by Dave W. (# 8765) on :
 
quote:
Originally posted by orfeo:
quote:
Originally posted by Dave W.:
I'm sure Australia must be very lucky indeed to have such a wonderfully talented person.

And yet, for all your self-proclaimed expertise, you can't seem to figure out how or why traffic engineers can integrate surveys of observed speeds into a procedure for zoning speed limits. It's rather reminiscent of the apocryphal story of the scientist who proved that bumblebees can't fly.

I understand perfectly how they can do it once there is traffic. I'd be deeply fascinated about your insights as to how they can integrate such a survey into the procedure for establishing the speed limit on a road that no-one has driven on yet.
Same answer as before. Set a provisional limit based on similar roads (or the design speed), then do the survey, then set the permanent limit. Are you unfamiliar with the concept of an iterative process?
 
Posted by orfeo (# 13878) on :
 
I'm not unfamiliar with iterative processes. I'm trying to point out, patiently, that the transport authorities in the USA don't appear to be talking about the starting point, they're only talking about the review process afterwards.

The fact that you can come up with a process of setting a provisional speed limit merely highlights that the links you provide DON'T TALK ABOUT THIS PROCESS! Which is actually the most important part for any road that is never reviewed.

It's backwards. Compare that to the Australian material which clearly sets out the factors for setting your first speed limit, and then also discusses how to review it.

[ 19. March 2015, 04:18: Message edited by: orfeo ]
 
Posted by LeRoc (# 3216) on :
 
quote:
orfeo: I'm not unfamiliar with iterative processes. I'm trying to point out, patiently, that the transport authorities in the USA don't appear to be talking about the starting point, they're only talking about the review process afterwards.
Maybe they don't talk about it because it's trivial. Most people on this thread seem to think that, and they have already pointed out the most likely procedure for getting a starting point. It's just common sense. I really can't see why this talk about a starting point is so important to you.
 
Posted by Dave W. (# 8765) on :
 
quote:
Originally posted by orfeo:
The fact that you can come up with a process of setting a provisional speed limit merely highlights that the links you provide DON'T TALK ABOUT THIS PROCESS! Which is actually the most important part for any road that is never reviewed.

Surely you don't expect me to find all the details for you, of all people? It would be insufferably rude and/or foolish for me to try to show you up in such a manner.

Since you describe yourself as an expert on these sorts of things, however, perhaps you wouldn't mind answering this: Suppose an expert in (whatever it is that you do) were to begin working with a client like an American state transportation agency, and as part of the work the expert needed to understand the existing method of setting speed limits. If the client started to describe the current practice, and said something that the expert (not being an expert on this particular topic) didn't understand on first hearing, would it be normal for the expert to immediately tell the client that they were lying?
 
Posted by orfeo (# 13878) on :
 
No, when doing this for money I usually find more polite ways of conveying to someone that they haven't thought things through properly.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by LeRoc:
Maybe they don't talk about it because it's trivial. Most people on this thread seem to think that, and they have already pointed out the most likely procedure for getting a starting point. It's just common sense. I really can't see why this talk about a starting point is so important to you.

Common sense? That's the thing about legal disputes, you suddenly discover that people's "common sense" wasn't actually common.

You and DaveW both agree that you go and find "similar" roads to set the initial speed limit. I'd bet a large sum, though, that if I asked each of you to go and write down what would make 2 roads "similar", you wouldn't come up with the same answer. You'd probably have some things in common, yes, but they wouldn't be the same.

One of you, for example, might focus entirely on the driving experience and talk about the width of the road, the number of lanes, how curvy it was, and whether the surface was smooth.

The other one of you might, because you're thinking of your local neighbourhood that you also use as a pedestrian, talk about how built-up the area surrounding the road is, the amount of foot traffic, whether there are driveways that cars are coming in and out of, and so on.

Neither of these lists would be wrong, but they would be different. And for any given road they could lead to very different decisions.

Fundamentally, it's perfectly possible for people around a table to all nod their heads in agreement with the principle (yes, you pick "similar" roads), and then all leave the meeting satisfied, not realising that they have absolutely no agreement as to what that's actually going to mean. And when one of those people goes and sets a speed limit based on a "similar" road, the others will end up saying "Why the hell did you pick that for comparison? It's not similar at all!"

As to whether it's trivial, people seem to spend a great deal of time talking about speed limits - not least when they're being fined for speeding and start talking about "speed traps", which is exactly how this tangent started. If you think the speed limit should be higher, and you've got what you think are rational, objective reasons for why it should be higher, is it trivial that the authorities haven't set it where you think it should be? Wouldn't you want to know why they set it at the speed that they did?

[ 19. March 2015, 11:02: Message edited by: orfeo ]
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by Dave W.:
Suppose an expert in (whatever it is that you do) were to begin working with a client like an American state transportation agency, and as part of the work the expert needed to understand the existing method of setting speed limits. If the client started to describe the current practice, and said something that the expert (not being an expert on this particular topic)

Dammit. I'm going to say this because it's been bugging me for hours.

What exactly do you think I need to be an expert in here?

What is difficult to understand about "speed limit" or "85th percentile"? Why are you talking about these things, if it requires expertise? Why is there a cheery little video from Maine explaining it in 10 minutes if it's difficult?

What is difficult about the concept that you can't measure traffic until there's traffic?

None of this requires any expertise in traffic flow. I don't need to understand how they worked out that the 85th percentile was safest, rather than the 50th percentile or the 70th percentile. I haven't challenged that, once. I'm not remotely interested in challenging it. I'm not interested in challenging whatever data the transport authorities in Austrlia have that led them to set a criteria that talks about the width of a verge being at least 5.6 metres. I wouldn't know the first thing about how they arrived at the figure. It's just a figure.

You seem, in the midst of your desire to throw in snarky little personal attacks because how dare I suggest I know a hell of a lot about the logical structuring of decision-making criteria, what with a job that less than 150 people in this country do (and perhaps even fewer in the USA, which has no tradition of professional legislative drafting) and what with having had to reapply for my own job against my peers and achieving the top rank with a score half a point off perfect, to be under a severe misapprehension as to exactly what I'm claiming to know.

It doesn't take expertise in transportation infrastructure to understand that you can't measure something before it exists. That's got nothing to DO with transportation infrastructure. I can't measure my income tax until I have an income. I can't measure the amount of rainfall before it's rained. I can't measure the final number of posts in this thread until the thread has been locked. I can't tell you how many years Barack Obama lived because he isn't dead yet.

I'm not going to apologise to you for being able to spot that logical problem in about 30 seconds, or be falsely modest about it, because that's fundamental to what I'm paid to do every day, and when I mentioned this stuff to a colleague today it took them about 30 seconds as well. The whole reason my job is specialist is because most people can't see that so quickly, and in any case like any skill it's honed through practice.

The 85th percentile of an empty data set doesn't exist. What the empty data set is about is completely irrelevant to that proposition.

[ 19. March 2015, 13:21: Message edited by: orfeo ]
 
Posted by Gwai (# 11076) on :
 
Okay guys, how about you all save me the trouble of splitting hairs* to figure out whether or not those are personal attacks or almost-but-carefully-not-personal-attacks by taking a chill pill or taking it to hell.

Gwai,
Purgatory Host

*For one thing I'd have to find the right starting point to split the hair. There could be a lot of debate about what comparison to use when splitting the hair and whether the hairs were similar or not.
 
Posted by Beeswax Altar (# 11644) on :
 
quote:
originally posted by orfeo:
The whole reason my job is specialist is because most people can't see that so quickly, and in any case like any skill it's honed through practice.

I hate to burst your bubble but I saw it rather quickly myself. [Big Grin]
 
Posted by orfeo (# 13878) on :
 
You could have said!
 
Posted by LeRoc (# 3216) on :
 
quote:
orfeo: You and DaveW both agree that you go and find "similar" roads to set the initial speed limit. I'd bet a large sum, though, that if I asked each of you to go and write down what would make 2 roads "similar", you wouldn't come up with the same answer. You'd probably have some things in common, yes, but they wouldn't be the same.
It doesn't matter. It's just a provisional speed limit. The only imortant thing here is to try not to have any grave accidents while the provisional speed limit is in force.

Even if two road planners look eachother in the eyes and say to eachother "What do you think, is 60 km/h ok?" "Let's put it at 50 to be on the safe side." That's fine with me.

The only legal aspect here is that the signposted speed should be followed by the drivers.

I really don't see what the problem is here.
 
Posted by Dave W. (# 8765) on :
 
Gwai:
Aye, aye!

LeRoc:
While the method you describe has the virtue of charming informality, I don't think I'd go that far. I'm sticking (provisionally) with the idea of provisional limits as a way out of orpheo's conundrum, but I do think they'd need to be a little more formal than that.

Orpheo:
quote:
What exactly do you think I need to be an expert in here?
Sorry, let me attempt to be clearer. I mean you are not expert in the sense that you do not possess a close familiarity with the existing regulations and practices involved in setting speed limits in the US.

There's no particular reason why you should - I don't either, and we're probably both better off for it. But I would argue that since we aren't familiar with the details, it is entirely reasonable to assume that, when one provision of the regulations appears to entail a logical impossibility, there may well be another provision of the regulations which entirely resolves it.

In this case, the claim is that measurements of existing traffic flow are used in setting speed limits (but not to the exclusion of all other considerations.) This is consistent with the legal requirements of the California Vehicle Code (links available on request.)

You object that newly constructed roads have no traffic to be measured. True - but if Caltrans has some plausible, consistent basis for setting limits in advance of the engineering and traffic survey, doesn't this resolve the logical conundrum? We (not being experts in the sense outlined above) may not happen to know what this basis is, but as long as there could be one, it seems reasonable to me to assume that in fact there is, and we just don't know it.
 
Posted by orfeo (# 13878) on :
 
In response to both of the last 2 posts:

Whether it's a problem depends on whether you're fine with a law that says "we decide the speed limits, and we don't have to explain to you how we set them, and it's basically up to us to choose our method".

In my experience most people aren't fine with laws like that, but maybe I experience a biased sample.

However, I'd argue that where we started on this tangent - with complaints about speed traps - tends to show that people don't just go "oh well, the only legal issue here is that I have to comply with the speed limit no matter how irrational or arbitrary or mysterious I think the speed limit is".

People demonstrate that they DO what to know how speed limits are set, by complaining when they can't see the reason why a particular speed limit was set. They start attributing reasons - first and foremost, the reason they attribute is "raising revenue".

[ 20. March 2015, 01:49: Message edited by: orfeo ]
 
Posted by Dave W. (# 8765) on :
 
Actually I was asking if it would resolve your logical conundrum, not whether it was a problem in the sense of someone not "being fine with the law". (I'll assume the answer to the former is now yes.)

As for "we don't have to explain to you how we set them" - I don't concede that this is the situation. I'm actually pretty happy with the detail that I've been able to find about the process for setting and adjusting speed limits on existing roads, and I see no reason to consider it mysterious - the 91-page California Manual for Setting Speed Limits is sufficient. (Again, links available on request.)

That I don't know the details of how limits are set on brand new construction doesn't particularly bother me. I can envision several reasonable alternatives, so I consider it neither an insuperable logical barrier; and I don't think my unfamiliarity with traffic engineering regulations is necessarily an indication that the law is irrational, arbitrary, or mysterious.
 
Posted by Palimpsest (# 16772) on :
 
In Washington State, there's a Speed Limit Law that among other things has the default speed limits for different types of road. If a road is not posted with speed limits, it has the default limits.

So that allows the unmeasured road if it's needed. In practice it's probably set by experience. I haven't heard of any successful challenging of speed limits, despite things like the statewide highway speed limit drop due to federal regulations.
 
Posted by RuthW (# 13) on :
 
quote:
Originally posted by orfeo:
You and DaveW both agree that you go and find "similar" roads to set the initial speed limit. I'd bet a large sum, though, that if I asked each of you to go and write down what would make 2 roads "similar", you wouldn't come up with the same answer. You'd probably have some things in common, yes, but they wouldn't be the same.

One of you, for example, might focus entirely on the driving experience and talk about the width of the road, the number of lanes, how curvy it was, and whether the surface was smooth.

The other one of you might, because you're thinking of your local neighbourhood that you also use as a pedestrian, talk about how built-up the area surrounding the road is, the amount of foot traffic, whether there are driveways that cars are coming in and out of, and so on.

I find the notion that anyone would build a road and only afterward consider what the speed limit should be pretty ludicrous.

When roads are built in California, they are built to certain engineering standards. They don't just pour concrete and lay asphalt and then look at it and try to figure out what might be safe. CalTrans or the local city or county or whoever knows what the speed limit is going to be on a road before it's even built.

Building freeways takes a lot of engineering. Freeway engineers know what the road surface materials are going to be, how steeply pitched the curves are going to be, etc. And they know that the maximum speed limit on a divided highway in California is 65 mph, so they make decisions about things like curves in freeways with that in mind.

The California Vehicle Code fixes other speed limits, too. For instance, by state law roads in residential and business districts less than 40 feet wide have a 25 mph speed limit, and it takes an engineering and traffic study for a municipality to change that. A few years ago the state legislature tightened up the rules on that, so a city has to have a study showing that there is something about the road not apparent to an ordinary driver that makes a lower limit necessary if they want to lower the speed limit. Municipalities aren't allowed to just lower the limit because they want to and then ticket people.
 
Posted by orfeo (# 13878) on :
 
1. Whether it would resolve the logical conundrum depends on what it is. If it's based on actual qualities of the road and surrounds, then yes. You'd have to wonder, though, why on earth you would then abandon the actual qualities of the road and surrounds and base your later reviews entirely on "how fast drivers have decided to go".

2. The Washington State law does not give primacy to the 85th percentile rule.

3. Neither, I would argue, does the Californian law, although the manual does continue the mysterious implicit assumption that 15% of all drivers will drive at an unsafe speed (which is not logically equivalent to the finding that the 85th percentile is the speed at which your chances of being in a collision are lowest).

4. Ruth's comments are entirely logical.

[ 20. March 2015, 05:24: Message edited by: orfeo ]
 
Posted by RuthW (# 13) on :
 
The 85 percentile thing works because in general cops around here give speeding tickets for unsafe speeding. The speed limit on the freeway is 65, but when conditions permit people drive 70 and no one gets a ticket for that. The person who gets a ticket for speeding is the person who is going faster than the flow of traffic -- because that's what's not safe.
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by orfeo:

4. Ruth's comments are entirely logical.

Perhaps a little wordy, but yeah.
 
Posted by Palimpsest (# 16772) on :
 
quote:
Originally posted by orfeo:


2. The Washington State law does not give primacy to the 85th percentile rule.

The chapter I cited references
RCW 46.61.405 which says

quote:
Whenever the secretary of transportation shall determine upon the basis of an engineering and traffic investigation that any maximum speed herein before set forth is greater than is reasonable or safe with respect to a state highway under the conditions found to exist at any intersection ...
The 85% rule would come under the that description if that was considered standard engineering practice in the other links various others have put in this thread.

I guess the United States will just have to continue to get along without your special talents.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by RuthW:
The 85 percentile thing works because in general cops around here give speeding tickets for unsafe speeding. The speed limit on the freeway is 65, but when conditions permit people drive 70 and no one gets a ticket for that. The person who gets a ticket for speeding is the person who is going faster than the flow of traffic -- because that's what's not safe.

Well, "faster than the flow of traffic" does work as a principle for cops in deciding who to book.

Not entirely sure that corresponds to the 85th percentile thing, though. It might in practice: the median speed is the 50th percentile but the distribution is likely to be highly compressed so that in fact everyone from 15th to 85th percentile might be doing a really similar speed. But I can guarantee you that 84.9% of the traffic is moving at a slower speed, however fractionally.

The obvious reason for "faster than the flow of traffic", though, is that the cops don't have the resources to book everybody and a faster car (1) will stand out, and (2) is arguably more morally deserving of a ticket.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by Palimpsest:
I guess the United States will just have to continue to get along without your special talents.

...such as understanding what the word "primacy" means?
 
Posted by RuthW (# 13) on :
 
Sorry, lilBuddha -- I should have noted that you'd already made this point.

quote:
Originally posted by orfeo:
You'd have to wonder, though, why on earth you would then abandon the actual qualities of the road and surrounds and base your later reviews entirely on "how fast drivers have decided to go".

Engineering and traffic studies take into account both the actual qualities of the road and surrounds and how fast drivers have decided to go, as well as looking at whether or not the speed drivers have chosen has led to lots of accidents. If people are going too fast for a particular stretch of road, they'll put in traffic calming measures rather than simply lower speed limits, because lowering speed limits simply doesn't work -- most people drive more by what makes sense to them than by the posted speed limit, and lowering speed limits doesn't actually make people drive more slowly. If it did, cities that set speed traps wouldn't make any money from them.

The speed that most drivers choose works because traffic is safest when everyone is going about the same speed and because most people don't want to crash their cars and drive accordingly.
 
Posted by RuthW (# 13) on :
 
quote:
Originally posted by orfeo:
The obvious reason for "faster than the flow of traffic", though, is that the cops don't have the resources to book everybody and a faster car (1) will stand out, and (2) is arguably more morally deserving of a ticket.

Morality has nothing to do with it. The reason is because not going with the flow of traffic is what's most dangerous about speeding. It's why you can also get a ticket for driving too slowly on the freeway.

[ 20. March 2015, 06:00: Message edited by: RuthW ]
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by RuthW:
Sorry, lilBuddha -- I should have noted that you'd already made this point.

No worries, the snark was not aimed at you.
 
Posted by Palimpsest (# 16772) on :
 
Ruth has this right. The latest theory in Traffic engineering is remove traffic signs to make streets safe. The theory is that removing signs in city and town streets makes people pay more attention to others and makes it safer because the signs make people think it's a divided highway. They still ticket people for going much faster than the flow of traffic.

This a Dutch and Scandinavian approach, but they're trying it here in Seattle with limited success because the streets are being overwhelmed with more traffic.

None of this has much to do with the problems of Ferguson of course.

[ 20. March 2015, 06:07: Message edited by: Palimpsest ]
 
Posted by RuthW (# 13) on :
 
The relevance to Ferguson comes in with the discretion allowed to police officers when stopping people for traffic violations. In a society that still has systemic racism, if you're black or brown and you get stopped and ticketed by a white cop for going 70 on the freeway when everyone else was also going 70, you're going to have to wonder if your skin color was a factor.
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by RuthW:
quote:
Originally posted by orfeo:
The obvious reason for "faster than the flow of traffic", though, is that the cops don't have the resources to book everybody and a faster car (1) will stand out, and (2) is arguably more morally deserving of a ticket.

Morality has nothing to do with it. The reason is because not going with the flow of traffic is what's most dangerous about speeding. It's why you can also get a ticket for driving too slowly on the freeway.
I said "morally" because legally everyone who speeds is liable for a ticket.

Which also is relevant to your point (and I think I may have made a similar point somewhere in this unholy mess): that picking which person, out of all the speeding people, to give a ticket to based on race is not what we want to happen.
 
Posted by Dave W. (# 8765) on :
 
quote:
Originally posted by orfeo:
1. Whether it would resolve the logical conundrum depends on what it is. If it's based on actual qualities of the road and surrounds, then yes.

A logical conundrum that is so easily sidestepped is not much of a conundrum, is it?
quote:
You'd have to wonder, though, why on earth you would then abandon the actual qualities of the road and surrounds and base your later reviews entirely on "how fast drivers have decided to go".
I agree that would be odd - but it's also nothing like what I've described.
quote:
2. The Washington State law does not give primacy to the 85th percentile rule.
I hope you don't think primacy means "base your later reviews entirely on" - and as Palimpsest notes, other provisions point to the use of traffic studies, which will likely lead to a manual emphasizing the 85th percentile measure.
quote:
3. Neither, I would argue, does the Californian law, ...
The California law requires Caltrans use engineering and traffic surveys, which must consider prevailing speeds - listed as first required element, in fact.
quote:
... although the manual does continue the mysterious implicit assumption that 15% of all drivers will drive at an unsafe speed (which is not logically equivalent to the finding that the 85th percentile is the speed at which your chances of being in a collision are lowest)..
...

Now you seem to be including a mysterious assumption that the posted speed limit is supposed to indicate a sharp distinction between safe and unsafe speeds - this is nowhere supported by the contents of the manual.
quote:
4. Ruth's comments are entirely logical.

Glad we can agree on something!
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by Dave W.:
quote:
Originally posted by orfeo:
1. Whether it would resolve the logical conundrum depends on what it is. If it's based on actual qualities of the road and surrounds, then yes.

A logical conundrum that is so easily sidestepped is not much of a conundrum, is it?
It seems to me you have been completely misunderstanding the nature of my observations. The "conundrum" is simply the disparity between the claimed method of speed limit setting and the rules of logic. I've been pointing out solutions to the "conundrum" the entire time, and the entire point of what I've been saying all along is that the claimed method of speed limit setting cannot be the actual method. I never suggested it was actually difficult to set speed limits.

But "well, you know what I actually meant" is one thing you simply cannot get away with in the business of writing laws. Near enough is not good enough. That's the viewpoint I'm coming from. In my office, writing something that cannot literally be followed is exactly what we're trying to avoid.

quote:
Now you seem to be including a mysterious assumption that the posted speed limit is supposed to indicate a sharp distinction between safe and unsafe speeds - this is nowhere supported by the contents of the manual.
Perahaps, but it's a sharp distinction between lawful and unlawful speeds. I'm not sure which option you're taking - that they are making some safe speeds unlawful, or that they are allowing some unsafe speeds to be lawful. It is, however one of the fundamental oddities of the claimed system that the safest possible speed is also the lawful maximum, meaning that you are only allowed to fall on one side of the 'middle' speed in safety terms.

[ 20. March 2015, 12:00: Message edited by: orfeo ]
 
Posted by Dave W. (# 8765) on :
 
quote:
Originally posted by orfeo:
quote:
Originally posted by Dave W.:
quote:
Originally posted by orfeo:
1. Whether it would resolve the logical conundrum depends on what it is. If it's based on actual qualities of the road and surrounds, then yes.

A logical conundrum that is so easily sidestepped is not much of a conundrum, is it?
It seems to me you have been completely misunderstanding the nature of my observations. The "conundrum" is simply the disparity between the claimed method of speed limit setting and the rules of logic. I've been pointing out solutions to the "conundrum" the entire time, and the entire point of what I've been saying all along is that the claimed method of speed limit setting cannot be the actual method. I never suggested it was actually difficult to set speed limits.

It seems to me I understand the nature of your observations, it's just that I think you're observing a straw man. It's only a problem if the entirety of the "claimed method" is "we only ever use the 85th percentile", but I don't think that's a claim anyone is actually making.
quote:
quote:
Now you seem to be including a mysterious assumption that the posted speed limit is supposed to indicate a sharp distinction between safe and unsafe speeds - this is nowhere supported by the contents of the manual.
Perahaps, but it's a sharp distinction between lawful and unlawful speeds. I'm not sure which option you're taking - that they are making some safe speeds unlawful, or that they are allowing some unsafe speeds to be lawful.
If there isn't actually a sharp distinction between safe and unsafe speeds, then posted speed limits will always fall into one of these two categories, regardless of how they they're established.
quote:
It is, however one of the fundamental oddities of the claimed system that the safest possible speed is also the lawful maximum, meaning that you are only allowed to fall on one side of the 'middle' speed in safety terms.

This is another thing you've imported into the "claimed method" which doesn't seem to actually show up in (e.g.) the California speed limit manual previously cited, which says:
quote:
Speed limits that are set near the 85th percentile speed of free flowing traffic are safer and produce less variance in vehicle speeds.

 
Posted by LeRoc (# 3216) on :
 
Let's look at this mathematically. Define the function f(x) as follows:

code:
f(x) = the maximum speed at which the 85% slowest percentile cars drive when the speed limit is set at x

For example, if the speed limit is set at 40 mph, then the 85% percent of the cars drive below 50 mph. So, f(40)=50.

The thing is, we don't know f(x). We don't have a function description for it. We have just built the road, we haven't measured anything yet.

What we are looking for is a value of X for which f(X)=X. In other words, a speed limit at which 85% of the cars drive slower than the limit.

The easiest way to do this, is to pick an initial speed x_0. Any x_0. Any initial guess for the speed will do, but of course the better we can guess it to be closer to X (which we don't know), the faster we'll find X. So we make an educated guess, based on similar roads. We don't need an exact definiton of what 'similar' is, but the more similar the other roads we choose will be, the faster we'll find X.

What we do then, is we define:

x_1=f(x_0)
X_2=f(x_1)
x_3=f(X_2)
etc.

If the function f satisfies certain mathematical conditions (which normally it will), this series will converge rather rapidly to X. And there we have our answer!

Of course, in practice it doesn't work as smoothly as this. We can't just change the speed limit every day. And of course we must make sure that no accidents happen (we can't set the speed limit ridiculously high).

But there is no logical contradiction here.

This is rather normal in iterative methods for numerical problem solving. You have to specify an initial guess x_0. Any guess will do, but the better you guess, the faster your method will converge.
 
Posted by romanlion (# 10325) on :
 
quote:
Originally posted by orfeo:


But "well, you know what I actually meant" is one thing you simply cannot get away with in the business of writing laws.

Don't tell that to ACA advocate Donald Verrilli.
 
Posted by Barnabas62 (# 9110) on :
 
Is that a reference to some quote by Donald Verrilli? If so, which one? Cryptic references hardly help discussions. I know a little about Verrilli's 2012 Supreme Court appearance, following which he took a bit of a hammering from (amongst others) that well known conservative Jon Stewart. Maybe you're referring back to that "old news"?

I can see a kind of relevance to the tangent, but the discussion seems to be moving further and further away from the main thread purpose.

Barnabas62
Purgatory Host
 
Posted by romanlion (# 10325) on :
 
quote:
Originally posted by Barnabas62:
I know a little about Verrilli's 2012 Supreme Court appearance.....Maybe you're referring back to that "old news"?

Barnabas62
Purgatory Host

I was referring to his 2015 appearance. Two week "old news".

Alito tends to agree with orfeo. From the article:

Probably the toughest questions for Verrilli came from Justice Samuel Alito, who repeatedly pressed him about why the Supreme Court shouldn’t read the disputed language to mean subsidies can only go to people living in certain states. “If Congress did not want the phrase ‘established by the state’ to mean what that would normally be taken to mean, why did they use that language?” he asked Verrilli.
 
Posted by Barnabas62 (# 9110) on :
 
Thanks, that makes more sense. It would help me (and I suspect others who live outside the US) if you could provide links to clarify similar topical references in future. The current affairs news agenda in the US doesn't always cross the various ponds.

[I appreciate Google is our friend].
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by romanlion:
quote:
Originally posted by Barnabas62:
I know a little about Verrilli's 2012 Supreme Court appearance.....Maybe you're referring back to that "old news"?

Barnabas62
Purgatory Host

I was referring to his 2015 appearance. Two week "old news".

Alito tends to agree with orfeo. From the article:

Probably the toughest questions for Verrilli came from Justice Samuel Alito, who repeatedly pressed him about why the Supreme Court shouldn’t read the disputed language to mean subsidies can only go to people living in certain states. “If Congress did not want the phrase ‘established by the state’ to mean what that would normally be taken to mean, why did they use that language?” he asked Verrilli.

That was very interesting reading.

Most interesting to me was Justice Scalia, who was not impressed by any attempt to try to make the statute as a whole make sense. He wouldn't like our High Court much, where looking at the overall context is generally considered quite important.

But yeah, judges here will generally say "those words must be there for a reason/must have some work to do". In fact, in one or two very recent cases drafters got a mention, which always makes it interesting... professional drafters don't really exist in the same way in the USA, so they're only likely to talk about "Congress".
 
Posted by Dave W. (# 8765) on :
 
quote:
Originally posted by romanlion:
quote:
Originally posted by Barnabas62:
I know a little about Verrilli's 2012 Supreme Court appearance.....Maybe you're referring back to that "old news"?

Barnabas62
Purgatory Host

I was referring to his 2015 appearance. Two week "old news".

Alito tends to agree with orfeo. From the article:

Probably the toughest questions for Verrilli came from Justice Samuel Alito, who repeatedly pressed him about why the Supreme Court shouldn’t read the disputed language to mean subsidies can only go to people living in certain states. “If Congress did not want the phrase ‘established by the state’ to mean what that would normally be taken to mean, why did they use that language?” he asked Verrilli.

In the 2012 case, plaintiff's advocate Carvin (same one arguing in 2015) and the dissenting conservative justices all agreed that would obviously collapse without federal subsidies. Unless one thinks that Congress intended to set up exchanges that would obviously collapse, that would seem to be a pretty good reason "why the Supreme Court shouldn’t read the disputed language to mean subsidies can only go to people living in certain states."
 
Posted by romanlion (# 10325) on :
 
quote:
Originally posted by Dave W.:
Unless one thinks that Congress intended to set up exchanges that would obviously collapse....

Congress intended the states to set up exchanges as a requirement to qualify for subsidization. This is clear.

They applied a cudgel to recalcitrant states which may now come back and crack their skulls instead.


See here.

And here.
 
Posted by Barnabas62 (# 9110) on :
 
Separate thread, guys? It looks like it might have a bit of mileage, but it sure ain't an implication of Ferguson.

I'm going to suspend this thread for an hour while I set up a new one.

B62, Purg Host
 
Posted by Barnabas62 (# 9110) on :
 
New thread here. Please move any continuation of this tangent to that thread.

B62, Purg Host
 
Posted by Barnabas62 (# 9110) on :
 
quote:
Originally posted by Golden Key:
Tonight's "The Lawn Chair" episode of ABC TV's "Scandal" is very relevant.

{Slight SPOILERS for series story arc:}

Olivia Pope is a "fixer" in Washington, DC. She fixes the problems of the rich, powerful, and famous. (Occasionally, other people, too.) She's African-American, and the sometime mistress and great love of the white president of the US.

In "The Lawn Chair", there's a Ferguson-type situation, and Olivia winds up right in the middle of it.

Very powerful episode. Looks at all sides. I haven't read the reviews, but I've seen headlines that indicate similar feelings.

It doesn't seem to be online yet. Maybe in a few days?

Was on Sky last night. Dramatically very powerful. It did play very much to the narrative that there is institutional racism in US police forces, that ranks will close to defend an officer who shoots a member of a racial minority, that evidence will be manufactured/tampered with to support the closing of ranks.

BUT

It did give the office of Attorney General a tick, when it comes to supporting the truth of things. And this review strikes me as spot on. Particularly this final summary.

quote:
This is a fantasy less of just and timely government intervention to punish racist violence than of a world where respectability politics actually works.
RL is not so straightforward.
 
Posted by lilBuddha (# 14333) on :
 
Alright, police apologists, spin this one as the victim's fault.
 
Posted by Enoch (# 14322) on :
 
I haven't been following this thread, but quite by chance, heard this programme on Radio 4 yesterday morning. I don't know whether you can access it outside the UK.

It isn't directly about Darren Brown and Michael Wilson. Ferguson though is one of the civic culprits.

What it's about is a totally dysfunctional system of local government with tinpot municipalities with no tax bases, reliant for raising money on the aggressive pursuit of the poor (predominantly black) for traffic offences, not only from fines but by racking up expensive extra penalties for procedural errors.
 
Posted by Moo (# 107) on :
 
quote:
Originally posted by lilBuddha:
Alright, police apologists, spin this one as the victim's fault.

I think everyone agrees that his arrest for murder was entirely appropriate, which means that his superiors acted correctly.

Moo
 
Posted by Moo (# 107) on :
 
I meant the arrest of the cop who shot the fleeing suspect.

Moo
 
Posted by Golden Key (# 1468) on :
 
Yes. They did the right thing in firing and arresting that cop.

Something I don't get, with all these cases: I would think that (purely on a public relations basis, if nothing else) a police commissioner or lawyer or someone (even if a hardcore, conscious, committed racist) would say, "Ok, look, we're getting all this heat from %$%^ing reporters, and we really don't need that. So--for now--back off. Do not target any brown- or black-skinned people. Don't give chase. Call for backup. Don't shoot unless someone has a visible weapon--and then try to defuse the situation. If you have to shoot, shoot to wound, not kill. Don't do anything to attract negative attention, and maybe this will all blow over, Be careful out there."

But this stuff keeps happening. Are the police bosses not putting out warnings? Are the street cops so caught up in an Us vs. Them mindset that they can't do anything else? Or do they just not care???

[ 11. April 2015, 00:01: Message edited by: Golden Key ]
 
Posted by Teilhard (# 16342) on :
 
One of the "implications" of the current *bad*cop* incidents is: if you don't WANT to be arrested -- or otherwise comply with lawful police commands -- you need not do so ...
 
Posted by Palimpsest (# 16772) on :
 
In this incident, the police acted correctly when presented with the eyewitness video. They arrested the policeman on a murder charge and terminated him from the police force.

However, it turns out there was a prior charge of excess force that was filed earlier. It was closed by the investigating officer. The person who filed the complaint after being tased was not told of the result, his supporting witnesses claim to never have been interviewed before the case was closed. There's now an investigation of that investigation.

It does seem that if that had not been an independent video, the case is likely to have been dismissed in the same way as the prior charge.

It's also worth noting that there's no one charging that this police department was extracting revenue via fines. However they had instituted a stop and frisk, presence in the street program that a lot of minority citizens complained about.
 
Posted by Soror Magna (# 9881) on :
 
quote:
Originally posted by Palimpsest:
In this incident, the police acted correctly when presented with the eyewitness video. They arrested the policeman on a murder charge and terminated him from the police force....

But only BECAUSE there was a horrifically graphic video AND because the video was shown to the family and the media first, not the police. Before that video surfaced, the officer was on desk duty and telling the story that Mr. Scott tried to grab his Taser* and he feared for his life ... sound familiar? Every time a killer cop repeats this story, I'm reminded of The Press Conference Rag from Chicago:

quote:
Oh yes, oh yes, oh yes they both
Oh yes, they both
Oh yes, they both reached for
The gun, the gun, the gun, the gun,
Oh yes, they both reached for the gun
for the gun.
...
Understandable, understandable
Yes it's perfectly understandable
Comprehensible, Comprehensible
Not a bit reprehensible
It's so defensible

*And since he had already fired the Taser, the officer knew it couldn't be fired again even if Scott did get a hold of it.
 
Posted by Amanda B. Reckondwythe (# 5521) on :
 
And in other late breaking news, now we have police beating and kicking a man who is already down.

I guess we have to keep our smartphones out at all times, ready to record whatever police violence we may happen to witness.
 
Posted by Golden Key (# 1468) on :
 
The PBS Newshour has a segment today on a group called Witness, which trains ordinary people around the world in how to video-document problems. (Both video and transcript there.) There's also a link on that page to somewhat more detailed instructions.
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by Golden Key:
If you have to shoot, shoot to wound,

Well, no. One has to dispense with the rubbish from movies and television. There are no special spots which incapacitate but are not lethal. Many lethal wounds to not stop a person immediately. It is not uncommon for people for people to be unaware they have been shot at all.
Tasers exist for this very reason.
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by Teilhard:
One of the "implications" of the current *bad*cop* incidents is: if you don't WANT to be arrested -- or otherwise comply with lawful police commands -- you need not do so ...

Not quite certain what you mean by this.
Do you mean people think they need not comply with police?
Or that they actually need not comply?
 
Posted by Eliab (# 9153) on :
 
quote:
Originally posted by lilBuddha:
quote:
Originally posted by Teilhard:
One of the "implications" of the current *bad*cop* incidents is: if you don't WANT to be arrested -- or otherwise comply with lawful police commands -- you need not do so ...

Not quite certain what you mean by this.
I think he means that if the police can't shoot someone in the back who is running away, people will think that there's no reason to stick around to be arrested.

Fuck knows how we manage over here where the police don't even carry guns.
 
Posted by Barnabas62 (# 9110) on :
 
That latest video is appalling. It shows a group of officers of the law completely out of control, indulging in mob violence.

"Don't hit a man when he's down". "No, let's just beat and kick the shit out of him".

It made me wonder not just about recruiting processes and screening, but what kind of brutal 'gang culture' was at work there. You'd have thought at least one of them might have cried 'stop'.
 
Posted by Golden Key (# 1468) on :
 
Yes, re the latest video being horrible. I've been wondering about it, too.

From what I've picked up from various investigative news, over the years, some cops get into a hyper-focused, hyper-adrenaline mode, and can't just stop. So they may chase a van of illegal immigrants in a very reckless way, then beat them up when they finally catch them.

The news about this case said the officers suffered dehydration and other problems, in the course of the chase. I don't remember all the details; but IIRC the guy first drove away in a (stolen?) car, then stole a horse and went cross-country. I *think* maybe the chase went on for hours. So I'm wondering if maybe the cops were angry, tired, very thirsty, drowning in adrenaline, etc., and wanted to vent all that. And maybe beating and kicking that poor guy was a way to vent.

I'm NOT excusing them--just thinking about the ingredients of the situation.
 
Posted by Amanda B. Reckondwythe (# 5521) on :
 
It reinforces my belief that the profession attracts thugs and bullies who are all to happy to have a way to indulge in their repulsive behavior under protection of law. Honestly, I want nothing to do with the police. The less interaction I have with them, the better.
 
Posted by Golden Key (# 1468) on :
 
I've doubtless seen wayyy too many cop shows...but I think that sometimes normal people join the force for the right reasons, and get really messed up.

The cops need to know that the other cops have their backs in bad situations. So there's possibly a lot of pressure to be one of the gang, to not interfere, and to keep your mouth shut. If you rock the boat, you may well find someday that they *don't* have your back.
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by Eliab:

Fuck knows how we manage over here where the police don't even carry guns.

It's an island, silly, where are the criminals going to go?
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by lilBuddha:
quote:
Originally posted by Teilhard:
One of the "implications" of the current *bad*cop* incidents is: if you don't WANT to be arrested -- or otherwise comply with lawful police commands -- you need not do so ...

Not quite certain what you mean by this.
Do you mean people think they need not comply with police?
Or that they actually need not comply?

The community where the cop shot the unarmed fleeing guy in the back … had not long ago been a high crime area and the police were very aggressive in clamping down … Now it is a relatively peaceful safe area …

Patrol officers have a very difficult -- dangerous -- job, especially when they are under increasingly close critical scrutiny …

Why did that guy run away rather than peacefully wait to be given his citation … ??? Was there a dead body in the trunk … ??? Was the guy armed … ??? The cop has no way of knowing ...
 
Posted by Eliab (# 9153) on :
 
quote:
Originally posted by Teilhard:
Why did that guy run away rather than peacefully wait to be given his citation … ??? Was there a dead body in the trunk … ??? Was the guy armed … ??? The cop has no way of knowing ...

So of course it makes perfect sense to just shoot him dead.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Eliab:
quote:
Originally posted by Teilhard:
Why did that guy run away rather than peacefully wait to be given his citation … ??? Was there a dead body in the trunk … ??? Was the guy armed … ??? The cop has no way of knowing ...

So of course it makes perfect sense to just shoot him dead.
Obviously, no, it doesn't … Nor does it "make sense" to flee a police officer (a felony) … The whole bit was a tragic unnecessary mess … But the FACT is that the guy would still be alive if he had done what the officer -- entirely LAWFULLY and peacefully -- ordered him to do …
 
Posted by lilBuddha (# 14333) on :
 
Still bullshit. A cop should fire their weapon when it is reasonable to believe the suspect is a danger to the cop or to others. Not when it is a possibility. Using your logic, a cop should shoot everyone they encounter unless they are already dead.
This bastard's first reaction was to plant the taser and lie. Yeah, justifiable. [Roll Eyes]
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by lilBuddha:
Still bullshit. A cop should fire their weapon when it is reasonable to believe the suspect is a danger to the cop or to others. Not when it is a possibility. Using your logic, a cop should shoot everyone they encounter unless they are already dead.
This bastard's first reaction was to plant the taser and lie. Yeah, justifiable. [Roll Eyes]

No … In that case the officer obviously was totally wrong … I don't think anyone is defending his actions …
(OTOH, the actions of the dead guy ALSO were both indefensible and stupid …) …

In the Ferguson, Missouri case, however, OTOH the officer acted correctly ...
 
Posted by Teilhard (# 16342) on :
 
In full disclosure …
My own point of view in these matters is not entirely objective, since I come from a law enforcement family …

One of my brothers served for a while as a Sheriff's Deputy in Fresno, California … I have a nephew who serves presently as a licensed peace officer in a suburb of Minneapolis …

One my great uncles was a town marshall in central Minnesota back in the 20s … He was shot dead by a burglar …

I am a graduate of the Corrections Academy and served a couple of years behind bars (as a Chaplain, thank God) in a Super Max for adult make felons …

Certainly every one of us is greatly influenced by a personal history, including one's own interactions with cops and courts, with crooks and crime … These are inherently fallible human matters that can't be reduced to simple formulas ...
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by Teilhard:
quote:
Originally posted by lilBuddha:
Still bullshit. A cop should fire their weapon when it is reasonable to believe the suspect is a danger to the cop or to others. Not when it is a possibility. Using your logic, a cop should shoot everyone they encounter unless they are already dead.
This bastard's first reaction was to plant the taser and lie. Yeah, justifiable. [Roll Eyes]

No … In that case the officer obviously was totally wrong … I don't think anyone is defending his actions …
(OTOH, the actions of the dead guy ALSO were both indefensible and stupid …

Still bullshit, blame the victim rubbish.
Disclosure: A law enforcement officer gave his life in an action which saved a group of women being fired upon, one of which was my mother.
I've counted among my friends cops, both civilian and military.
I've also been harassed for the crime of existing. Seen it happen to friends, family, etc.

No, interactions cannot be reduced to predetermined formulas. But the maths are pretty conclusive unless you choose to ignore them.
 
Posted by Palimpsest (# 16772) on :
 
quote:
Originally posted by Teilhard:
So of course it makes perfect sense to just shoot him dead.

Obviously, no, it doesn't … Nor does it "make sense" to flee a police officer (a felony) … The whole bit was a tragic unnecessary mess … But the FACT is that the guy would still be alive if he had done what the officer -- entirely LAWFULLY and peacefully -- ordered him to do … [/QUOTE]

You might want to consider Prior Complaintfiled on Officer Slager.


He knocked on a door, demanded the person answering the door come out and tased him when he refused, resulting in a broken arm. The officer said he couldn't see the mans hand and thought he might have a weapon so he tased him.

The complaint was "investigated" and dismissed without interrogating any witnesses.

The FACT is that he would might have been tased or shot or gotten a broken arm no matter what he did. You're making that FACT up.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by lilBuddha:
quote:
Originally posted by Teilhard:
quote:
Originally posted by lilBuddha:
Still bullshit. A cop should fire their weapon when it is reasonable to believe the suspect is a danger to the cop or to others. Not when it is a possibility. Using your logic, a cop should shoot everyone they encounter unless they are already dead.
This bastard's first reaction was to plant the taser and lie. Yeah, justifiable. [Roll Eyes]

No … In that case the officer obviously was totally wrong … I don't think anyone is defending his actions …
(OTOH, the actions of the dead guy ALSO were both indefensible and stupid …

Still bullshit, blame the victim rubbish.
Disclosure: A law enforcement officer gave his life in an action which saved a group of women being fired upon, one of which was my mother.
I've counted among my friends cops, both civilian and military.
I've also been harassed for the crime of existing. Seen it happen to friends, family, etc.

No, interactions cannot be reduced to predetermined formulas. But the maths are pretty conclusive unless you choose to ignore them.

Yes … The "math" is that the vast majority of police officers carry out their duties lawfully and honorably …
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Palimpsest:
quote:
Originally posted by Teilhard:
So of course it makes perfect sense to just shoot him dead.

Obviously, no, it doesn't … Nor does it "make sense" to flee a police officer (a felony) … The whole bit was a tragic unnecessary mess … But the FACT is that the guy would still be alive if he had done what the officer -- entirely LAWFULLY and peacefully -- ordered him to do …
You might want to consider Prior Complaintfiled on Officer Slager.


He knocked on a door, demanded the person answering the door come out and tased him when he refused, resulting in a broken arm. The officer said he couldn't see the mans hand and thought he might have a weapon so he tased him.

The complaint was "investigated" and dismissed without interrogating any witnesses.

The FACT is that he would might have been tased or shot or gotten a broken arm no matter what he did. You're making that FACT up.
[/QUOTE]

Last July, Officer Scott Patrick (Mendota Heights, Minnesota Police Department) made a routine traffic stop … Brian Fitch sprang from the driver's seat, immediately shot the officer twice, then finished him off execution style with a shot to the head … He jumped back into his vehicle and sped away … He was captured shortly afterward following a pitched gun battle with police … He survived his wounds, went to trial, and now will serve the rest of his life in prison with no chance for parole …

Sorry … But … when ANYBODY refuses to follow a police officer's lawful commands (to stop … to raise hands … to come out … etc. … AND may or may not be armed) … Well … the perpetrator may suffer consequences … Tough luck ...
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by Teilhard:
Yes … The "math" is that the vast majority of police officers carry out their duties lawfully and honorably …

No, no it isn't. The maths with no spin do not indicate this. There are several conclusions one can come to. One being yours, another being that a majority of police do not face encounters which test their honour or integrity. Yet another is that more issues occur but are ignored, not reported and/or are common enough not to make the news.

Cops are people. People vary from good to bad, not in binary, but in spectrum.
And this is not a question of good person versus evil person. It is often that police think they are in the right by virtue of being police. America suffers from this more than other first-world countries, IMO.
Training in America is woefully inadequate and uneven. Here is an American cop's view. Though I would add emphasis to an institutional us v. them attitude prevalent in America. Cops tend to think the public should be deferential to them. They should be servants of the people, not an arm of the state.
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by Teilhard:

Sorry … But … when ANYBODY refuses to follow a police officer's lawful commands (to stop … to raise hands … to come out … etc. … AND may or may not be armed) … Well … the perpetrator may suffer consequences … Tough luck ...

Sorry, but that is a stupid comparison. The situations are very different.
In the case being discussed, the cop did not discharge his weapon when Scott might have been a threat, but long after.
 
Posted by Enoch (# 14322) on :
 
quote:
Originally posted by lilBuddha:
quote:
Originally posted by Eliab:

Fuck knows how we manage over here where the police don't even carry guns.

It's an island, silly, where are the criminals going to go?
I've been debating internally whether to let myself rise to this unperceptive remark.

Here goes. It's nothing to do with being an island. This isn't a little island with hardly anyone on it. It's a big ones with a huge population, and one where it's quite easy for criminals to disappear into the scenery.

However, we don't allow everybody to carry guns around with them.

I've said before on this and other threads, that if the public - and particularly the criminal part of it - are potentially wandering around armed, obviously the police have to carry guns as well. Being a police man or woman must be a perpetually scary business.

In that context, I don't see how anyone can complain when from time to time they shoot people when they needn't or shouldn't have done. That's the price you all have to pay for your constitutional right to carry arms. End of story. Man up to it.
 
Posted by Eliab (# 9153) on :
 
quote:
Originally posted by Teilhard:
Sorry … But … when ANYBODY refuses to follow a police officer's lawful commands (to stop … to raise hands … to come out … etc. … AND may or may not be armed) … Well … the perpetrator may suffer consequences … Tough luck ...

Why do (some) countries issue firearms to police officers?

Is it:

a) So that those officers can better protect themselves and other citizens from those who use unlawful and potentially lethal force?

b) So that those officers can use the threat of death and serious injury to enforce their routine commands?

c) So that those officers can carry out summary executions of suspects?

I thought it was (a). If I'm right, then someone who runs away rather than stops when shouted at by a police officer isn't a legitimate target for fatal shooting, and blaming him for his own murder is exactly as stupid and immoral as blaming any other murder victim who may have said or done something that was a trivial provocation, but not that remotely justifies killing.

If it's (b) or (c), you might have a point. Otherwise, not.
 
Posted by Eliab (# 9153) on :
 
quote:
Originally posted by Enoch:
quote:
Originally posted by lilBuddha:
quote:
Originally posted by Eliab:

Fuck knows how we manage over here where the police don't even carry guns.

It's an island, silly, where are the criminals going to go?
I've been debating internally whether to let myself rise to this unperceptive remark.
You might want to check your irony detector for bullet holes first.
 
Posted by Dafyd (# 5549) on :
 
quote:
Originally posted by Teilhard:
But the FACT is that the guy would still be alive if he had done what the officer -- entirely LAWFULLY and peacefully -- ordered him to do …

Yes - it's shocking that a scared person confronted by a violent and homicidal armed antagonist should run away in fear without performing a fully worked out risk assessment analysis.
 
Posted by Gee D (# 13815) on :
 
quote:
Originally posted by lilBuddha:
Alright, police apologists, spin this one as the victim's fault.

And will you express your trust the outcome of the legal process if it results in a conviction? So many earlier on this thread were swift to jump to the conclusion that the grand jurors in the Ferguson matter had been false to their oath.

[ 11. April 2015, 22:45: Message edited by: Gee D ]
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by Gee D:
quote:
Originally posted by lilBuddha:
Alright, police apologists, spin this one as the victim's fault.

And will you express your trust the outcome of the legal process if it results in a conviction? So many earlier on this thread were swift to jump to the conclusion that the grand jurors in the Ferguson matter had been false to their oath.
It is a misunderstanding of the legal system that says a jury will always be either correct and true or incorrect and false.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by lilBuddha:
quote:
Originally posted by Teilhard:
Yes … The "math" is that the vast majority of police officers carry out their duties lawfully and honorably …

No, no it isn't. The maths with no spin do not indicate this. There are several conclusions one can come to. One being yours, another being that a majority of police do not face encounters which test their honour or integrity. Yet another is that more issues occur but are ignored, not reported and/or are common enough not to make the news.

Cops are people. People vary from good to bad, not in binary, but in spectrum.
And this is not a question of good person versus evil person. It is often that police think they are in the right by virtue of being police. America suffers from this more than other first-world countries, IMO.
Training in America is woefully inadequate and uneven. Here is an American cop's view. Though I would add emphasis to an institutional us v. them attitude prevalent in America. Cops tend to think the public should be deferential to them. They should be servants of the people, not an arm of the state.

In America, "the State" represents "the People" and carries out their wishes, for good or ill …

So, yes we "the People" authorize the police to carry weapons and use them -- appropriately … in the course of enforcing the laws passed by the congress and legislature …

Yes, we do expect -- demand -- that ordinary citizens must routinely yield to the authority of the police … If you are badly treated, wrongly arrested, etc., that must be taken up with the judge in court, with assistance of your attorney …

Whether I like it or not I do NOT have a right to resist arrest, to refuse to cooperate with an officer performing a duty, etc. … If I do stupidly refuse … there will be consequences ...
 
Posted by Gee D (# 13815) on :
 
quote:
Originally posted by lilBuddha:
It is a misunderstanding of the legal system that says a jury will always be either correct and true or incorrect and false.

Perhaps you could answer my question instead of something I did not say.

[ 12. April 2015, 03:51: Message edited by: Gee D ]
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by Gee D:
quote:
Originally posted by lilBuddha:
It is a misunderstanding of the legal system that says a jury will always be either correct and true or incorrect and false.

Perhaps you could answer my question instead of something I did not say.
You said:
quote:
Originally posted by Gee D:
So many earlier on this thread were swift to jump to the conclusion that the grand jurors in the Ferguson matter had been false to their oath.

My impression is that many people did not agree with the verdict. This is not the same as thinking the jury false.
quote:
Originally posted by Gee D:
And will you express your trust the outcome of the legal process if it results in a conviction?

If a white cop in a system biased towards white people convict him, I would have more faith in the correctness of the verdict than at other times.
 
Posted by Gee D (# 13815) on :
 
I have more to do with my time than to trawl back, post by post, but Orfeo in particular went through them. Many posters said that on the evidence, the grand jury had to have committed for trial (if that's the correct phrase, it would have been here). That's tantamount to saying that the jurors were false to their oath.

Obviously things are very different here, but viewing case outcomes purely in terms of colour and not on the evidence presented seems a strange analysis to me, one very hard to understand.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Gee D:
I have more to do with my time than to trawl back, post by post, but Orfeo in particular went through them. Many posters said that on the evidence, the grand jury had to have committed for trial (if that's the correct phrase, it would have been here). That's tantamount to saying that the jurors were false to their oath.

Obviously things are very different here, but viewing case outcomes purely in terms of colour and not on the evidence presented seems a strange analysis to me, one very hard to understand.

In addition, The U S Justice Department found no cause to charge the officer, either …
 
Posted by Leorning Cniht (# 17564) on :
 
quote:
Originally posted by Teilhard:
In addition, The U S Justice Department found no cause to charge the officer, either …

You refer to the federal civil rights investigation? That one has a pretty high bar.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Leorning Cniht:
quote:
Originally posted by Teilhard:
In addition, The U S Justice Department found no cause to charge the officer, either …

You refer to the federal civil rights investigation? That one has a pretty high bar.
Yes … The Feds found no evidence of a Black/White aspect in that tragic case …

In fact, the kid had taken part in a strong-arm robbery of a convenience store, assaulted a police officer, tried to grab his weapon, and then continued to menace and then charge at the officer, who defended himself …

The kid for reasons of his own was out of control ...

[ 12. April 2015, 05:22: Message edited by: Teilhard ]
 
Posted by Golden Key (# 1468) on :
 
quote:
Originally posted by lilBuddha:
It is a misunderstanding of the legal system that says a jury will always be either correct and true or incorrect and false.

Yes. And also a misunderstanding to think that the system is working and trustworthy. It ain't.

As someone once said, it's a legal system, not a justice system.
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by Gee D:
I have more to do with my time than to trawl back, post by post, but Orfeo in particular went through them. Many posters said that on the evidence, the grand jury had to have committed for trial (if that's the correct phrase, it would have been here). That's tantamount to saying that the jurors were false to their oath.

I disagree. It means that people think they made the wrong decision. Not that they knowingly made the wrong decision.
quote:
Originally posted by Gee D:

Obviously things are very different here, but viewing case outcomes purely in terms of colour and not on the evidence presented seems a strange analysis to me, one very hard to understand.

OK. First, I think cases should be determined on evidence and not in terms of colour. But the reality, in Britain and America, is that white people have lower chance of incarceration and receive lower sentences for the same crimes. I sincerely doubt this is different in Australia.
 
Posted by Gee D (# 13815) on :
 
1. The proportion of Aboriginal people appearing before the criminal courts is much higher than of the non-aboriginal community. The principal class of offences for which this disturbingly high proportion of aboriginals is gaoled is domestic violence, and that violence is frequently inflicted when both parties are severely intoxicated, and the injuries are horrendous. By contrast, domestic violence cases form a much lower proportion of the cases for which whites come before the courts.

2. The old days when aboriginals were gaoled for minor offences when whites went free are long gone, even in WA and the Northern Territory. More and more, the courts have recognised the severe disadvantage from which aboriginals suffer and this is seen as a mitigating factor - see for example Bugmy The effect of this is the opposite of what you set out - for the same crime, by and large, an aboriginal person will receive a lower sentence than a white.

[ 12. April 2015, 07:40: Message edited by: Gee D ]
 
Posted by Gee D (# 13815) on :
 
I did not deal with the first part of your post. If you go back and read the thread, you'll find repeated comments which may be summarised as being "He only got off because he was white and the victim black". That to me is clearly saying that the jurors were false to their oath.
 
Posted by Eliab (# 9153) on :
 
quote:
Originally posted by Teilhard:
So, yes we "the People" authorize the police to carry weapons and use them -- appropriately … in the course of enforcing the laws passed by the congress and legislature …

Yes, we do expect -- demand -- that ordinary citizens must routinely yield to the authority of the police … If you are badly treated, wrongly arrested, etc., that must be taken up with the judge in court, with assistance of your attorney …

Whether I like it or not I do NOT have a right to resist arrest, to refuse to cooperate with an officer performing a duty, etc. … If I do stupidly refuse … there will be consequences ...

That's an incredibly stupid argument.

Suppose someone walks up to an armed police officer and calls him a cunt. If the policeman then shoots the person dead, it might strictly be true that this was a "consequence" of the insult, in the sense that had the victim not mouthed off, he'd probably not have been killed. It would also be true to say that society frowns on (and, it could be argued, may properly criminalise) the verbal abuse of police officers, and true that as a matter of ordinary prudence, it's probably best not to call someone a cunt if they are holding a gun. And yet all those observations miss the point. The problem the incident would highlight is not the prevalence of bad language. The murder is ever so slightly more serious than the provocation.

People, police officers included, are not allowed to shoot people who ignore, abuse and disobey them. Shooting someone dead for no good reason is a serious moral evil, and a gross abuse of public trust. Saying that it wouldn't have happened if the victim had not been guilty of some trivial misconduct is either stupid irrelevance to the real moral issue (killing people is wrong) or an attempted justification of summary executions of people the cops don't like.

This incident, is, of course, very different to other police shootings where the officer might plausibly have thought he was in actual danger. There the issue is whether the officer should be believed, and whether if so he acted reasonably. We can see on the video that this officer shot a man in the back who was running away, and not presenting any threat to anyone. That's not OK. It's not understandable. It's not excusable. It's not the sort of thing you do by mistake. Pointing out that officers are at risk of assault, and have to make life-and-death decisions in difficult circumstances when facing possible assault is certainly relevant to some cases, but not this one. People who believe in the general professionalism and integrity of the police force ought to be the first to condemn this killing, not the first to defend it.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Eliab:
quote:
Originally posted by Teilhard:
So, yes we "the People" authorize the police to carry weapons and use them -- appropriately … in the course of enforcing the laws passed by the congress and legislature …

Yes, we do expect -- demand -- that ordinary citizens must routinely yield to the authority of the police … If you are badly treated, wrongly arrested, etc., that must be taken up with the judge in court, with assistance of your attorney …

Whether I like it or not I do NOT have a right to resist arrest, to refuse to cooperate with an officer performing a duty, etc. … If I do stupidly refuse … there will be consequences ...

That's an incredibly stupid argument.

Suppose someone walks up to an armed police officer and calls him a cunt. If the policeman then shoots the person dead, it might strictly be true that this was a "consequence" of the insult, in the sense that had the victim not mouthed off, he'd probably not have been killed. It would also be true to say that society frowns on (and, it could be argued, may properly criminalise) the verbal abuse of police officers, and true that as a matter of ordinary prudence, it's probably best not to call someone a cunt if they are holding a gun. And yet all those observations miss the point. The problem the incident would highlight is not the prevalence of bad language. The murder is ever so slightly more serious than the provocation.

People, police officers included, are not allowed to shoot people who ignore, abuse and disobey them. Shooting someone dead for no good reason is a serious moral evil, and a gross abuse of public trust. Saying that it wouldn't have happened if the victim had not been guilty of some trivial misconduct is either stupid irrelevance to the real moral issue (killing people is wrong) or an attempted justification of summary executions of people the cops don't like.

This incident, is, of course, very different to other police shootings where the officer might plausibly have thought he was in actual danger. There the issue is whether the officer should be believed, and whether if so he acted reasonably. We can see on the video that this officer shot a man in the back who was running away, and not presenting any threat to anyone. That's not OK. It's not understandable. It's not excusable. It's not the sort of thing you do by mistake. Pointing out that officers are at risk of assault, and have to make life-and-death decisions in difficult circumstances when facing possible assault is certainly relevant to some cases, but not this one. People who believe in the general professionalism and integrity of the police force ought to be the first to condemn this killing, not the first to defend it.

Every case is its own case …

In the Ferguson case, the officer acted properly … In the recent South Carolina case, clearly the officer did NOT act properly, has been charged with a crime and has been fired …

But, yes … In EVERY case every citizen is required by LAW to obey, to comply with, lawful police commands -- Stop … Stay in your vehicle (or, get out of your vehicle) … Raise your hands … take your hand out of your pocket … Keep your hands where I can see them … etc. …

Failing to obey, to comply with lawful police commands does indeed place the citizen in jeopardy … That's just how it is …

In the South Carolina case … Why did the guy CHOOSE to run away from the cop … ??? The cop (at that time) had NO way of knowing … Was the vehicle stolen … ??? Had the guy just robbed a store … ??? Is the guy armed … ??? Is there a dead teenage girl in the trunk … ??? Does he have outstanding arrest warrants for felony crimes … ???

Nope, sorry … IF that unfortunate kid in Ferguson and that unfortunate guy in South Carolina had simply obeyed, complied with, lawful police command, both would almost certainly be alive today ...

[ 12. April 2015, 16:33: Message edited by: Teilhard ]
 
Posted by chris stiles (# 12641) on :
 
quote:
Originally posted by Teilhard:

In the South Carolina case … Why did the guy CHOOSE to run away from the cop … ??? The cop (at that time) had NO way of knowing … Was the vehicle stolen … ??? Had the guy just robbed a store … ??? Is the guy armed … ??? Is there a dead teenage girl in the trunk … ??? Does he have outstanding arrest warrants for felony crimes … ???

Which of these particular offences necessitates shooting the guy in the back - whilst he is running away - until he is down?
 
Posted by Golden Key (# 1468) on :
 
Why not call for backup?
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by chris stiles:
quote:
Originally posted by Teilhard:

In the South Carolina case … Why did the guy CHOOSE to run away from the cop … ??? The cop (at that time) had NO way of knowing … Was the vehicle stolen … ??? Had the guy just robbed a store … ??? Is the guy armed … ??? Is there a dead teenage girl in the trunk … ??? Does he have outstanding arrest warrants for felony crimes … ???

Which of these particular offences necessitates shooting the guy in the back - whilst he is running away - until he is down?
In the now known particulars of the case, obviously none of the now known facts of that case called for shooting the guy … I don't know that anyone is contending otherwise ...

… BUT … If somebody's teenage daughter's body had been found in the trunk of the (possibly stolen) car and it turned out that the street cop had simply allowed the driver to run away unharmed … THEN the public cry would be, "Why did the cops just let that guy run away … ???"

Real life real world police work is very very very difficult, *dicey* and dangerous … Cops do make split second decisions without any luxury of knowing all the facts that will be known ten minutes or ten hours or ten days later … and so sometimes they make tragic mistakes, as in this case in South Carolina …

But again … IF that unfortunate foolish guy had simply obeyed, complied with, the cop's ENTIRELY LAWFUL commands, he almost certainly would still be alive today ...
 
Posted by Palimpsest (# 16772) on :
 
It's worth noting that almost everyone who has seen the video describes the actions of the police officer as reprehensible. This includes the Chief of Police who described the video as deeply upsetting, other police officers and even his original lawyer.

There were several attempts to start an internet group funding project to raise money for defending the lawyer. One was closed down by the site, the other has gotten a few hundred dollars of the five thousand dollar goal.

So apparently the theory that if you do not immediately obey a police officer's instructions, it's justifiable grounds for summary execution is not a popular one.

If it becomes expected action that police will shoot you dead, it will create a counter reaction that the safest course of action for a criminal when he sees a policeman is to shoot the policeman dead. This has happened in various places in the past, and it's a good argument for why most modern countries have police and not soldiers.
 
Posted by saysay (# 6645) on :
 
quote:
Originally posted by Amanda B. Reckondwythe:
I guess we have to keep our smartphones out at all times, ready to record whatever police violence we may happen to witness.

The really sad part is that there are now apps to automatically upload footage because there have been too many stories of police deleting the footage and charging the person recording it with a crime.

quote:
Originally posted by Teilhard:
Yes … The "math" is that the vast majority of police officers carry out their duties lawfully and honorably …

And the "math" is that the vast majority of people - yes, even criminals - don't want the severe punishment that comes with assaulting a police officer. So police and mundanes are in the same situation: interacting with someone who may or may not be extremely dangerous.

quote:
Originally posted by Gee D:
If you go back and read the thread, you'll find repeated comments which may be summarised as being "He only got off because he was white and the victim black". That to me is clearly saying that the jurors were false to their oath.

In a country where everyone knows a prosecutor can indict a ham sandwich, it could also be a criticism of the criminal injustice system.

quote:
Originally posted by Teilhard:
But again … IF that unfortunate foolish guy had simply obeyed, complied with, the cop's ENTIRELY LAWFUL commands, he almost certainly would still be alive today ...

And in prison for failure to pay child support.

Anyone want to talk about how the US has slyly brought back debtors prisons and condemned a group of people to an inevitable cycle of prison, poverty, prison, poverty?
 
Posted by Dave W. (# 8765) on :
 
quote:
Originally posted by Teilhard:
In the now known particulars of the case, obviously none of the now known facts of that case called for shooting the guy … I don't know that anyone is contending otherwise ...

None of the "then known" facts called for shooting the guy either. That's why the cop is being charged with murder.
quote:

… BUT … If somebody's teenage daughter's body had been found in the trunk of the (possibly stolen) car and it turned out that the street cop had simply allowed the driver to run away unharmed … THEN the public cry would be, "Why did the cops just let that guy run away … ???"

No, it wouldn't - because we don't expect cops to shoot people with busted taillights on the off-chance that they are actually murderers. And anyway, his choices weren't limited to "let him run away" and "shoot him in the back."
quote:

Real life real world police work is very very very difficult, *dicey* and dangerous … Cops do make split second decisions without any luxury of knowing all the facts that will be known ten minutes or ten hours or ten days later … and so sometimes they make tragic mistakes, as in this case in South Carolina …

Right - a "tragic mistake" which he then immediately proceeded to lie about.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Palimpsest:
It's worth noting that almost everyone who has seen the video describes the actions of the police officer as reprehensible. This includes the Chief of Police who described the video as deeply upsetting, other police officers and even his original lawyer.

There were several attempts to start an internet group funding project to raise money for defending the lawyer. One was closed down by the site, the other has gotten a few hundred dollars of the five thousand dollar goal.

So apparently the theory that if you do not immediately obey a police officer's instructions, it's justifiable grounds for summary execution is not a popular one.

If it becomes expected action that police will shoot you dead, it will create a counter reaction that the safest course of action for a criminal when he sees a policeman is to shoot the policeman dead. This has happened in various places in the past, and it's a good argument for why most modern countries have police and not soldiers.

I am not aware that anyone has contended that "failing to obey a police order is grounds for 'summary execution'" ...
 
Posted by Eliab (# 9153) on :
 
quote:
Originally posted by Teilhard:
In the South Carolina case … Why did the guy CHOOSE to run away from the cop … ??? The cop (at that time) had NO way of knowing … Was the vehicle stolen … ??? Had the guy just robbed a store … ??? Is the guy armed … ??? Is there a dead teenage girl in the trunk … ??? Does he have outstanding arrest warrants for felony crimes … ???

Surely the cop did, in fact, have some information about most of those contingencies? It was a traffic stop, so presumably he'd checked the licence plate and would have known that the car had at least not been reported stolen and was not registered to any dangerous felon. If he'd had his radio on he'd have known that there hadn't been any reported store robberies in the area (or, if there had, WTF was he doing pulling people over for a busted tail-light?*). He didn't know that the guy wasn't armed, but he certainly knew that he hadn't drawn a gun or tried to use one, but was instead running away. And while he wouldn't have been able to immediately disprove your curious fantasy about dead bodies, it must be right that there are at least a thousand times as many cars in the States with weed in the glove compartment than there are with a body in the boot, so I can see no particular reason for shooting someone on the off-chance.

This wasn't a split-second judgment call which has been shown to be wrong only with the benefit of hindsight. It's a case of shooting an unarmed, non-threatening American citizen in the back.

quote:
Nope, sorry … IF that unfortunate kid in Ferguson and that unfortunate guy in South Carolina had simply obeyed, complied with, lawful police command, both would almost certainly be alive today ...
So you keep saying, but WHY? Quite possibly this person did something a bit wrong and a bit dumb, and because of that, he was shot dead. But given the fact that the shooting is such a colossal over-reaction to the wrong, dumb thing that 'provoked' it, that scarcely seems relevant to any important issue.

Is the death any less of a tragedy because the guy ran from the police? Are his family less bereaved? Is he less deserving of our sympathy? Is his murder any less reprehensible?

I think the answer to all of those is a pretty clear 'no'. If you disagree, if you think we should care less that he was murdered because he acted foolishly, then what you are saying is monstrous. If you agree, then its irrelevant.


(*Does anyone else find the 'busted tail-light' thing suspicious, given that the video certainly looks like the subsequent pursuit and suiting took place in broad daylight?

I was pulled over by police once in the US for a broken tail-light (and, of course, was requested to stay in the car while papers were checked, so couldn't verify it) in a hire car, which some friendly gremlin had completely repaired 5 seconds after the cop's departure, so I've always assumed that "broken tail-light' is the US equivalent of the English police's "driving erratically", as the legal fiction used to pull over motorists that they are suspicious of where there is rationale they could articulate. But at least in my case it was actually dark when I was stopped. I'm generally sceptical of knee-jerk accusations of racism, but I do think it is frighteningly plausible that the only relevant darkness in this case was that of Mr Scott's skin.)
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by chris stiles:
quote:
Originally posted by Teilhard:

In the South Carolina case … Why did the guy CHOOSE to run away from the cop … ??? The cop (at that time) had NO way of knowing … Was the vehicle stolen … ??? Had the guy just robbed a store … ??? Is the guy armed … ??? Is there a dead teenage girl in the trunk … ??? Does he have outstanding arrest warrants for felony crimes … ???

Which of these particular offences necessitates shooting the guy in the back - whilst he is running away - until he is down?
None of those hypothetical situations/cases "necessitate shooting the guy in the back while he is running away" …

But EVERY situation/case necessitates the street cop making a near instant decision as to what is "necessary" for her/his own safety and that of the public …

In this case, obviously the cop made a tragically wrong decision … Is anyone arguing otherwise … ???
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Eliab:
quote:
Originally posted by Teilhard:
In the South Carolina case … Why did the guy CHOOSE to run away from the cop … ??? The cop (at that time) had NO way of knowing … Was the vehicle stolen … ??? Had the guy just robbed a store … ??? Is the guy armed … ??? Is there a dead teenage girl in the trunk … ??? Does he have outstanding arrest warrants for felony crimes … ???

Surely the cop did, in fact, have some information about most of those contingencies? It was a traffic stop, so presumably he'd checked the licence plate and would have known that the car had at least not been reported stolen and was not registered to any dangerous felon. If he'd had his radio on he'd have known that there hadn't been any reported store robberies in the area (or, if there had, WTF was he doing pulling people over for a busted tail-light?*). He didn't know that the guy wasn't armed, but he certainly knew that he hadn't drawn a gun or tried to use one, but was instead running away. And while he wouldn't have been able to immediately disprove your curious fantasy about dead bodies, it must be right that there are at least a thousand times as many cars in the States with weed in the glove compartment than there are with a body in the boot, so I can see no particular reason for shooting someone on the off-chance.

This wasn't a split-second judgment call which has been shown to be wrong only with the benefit of hindsight. It's a case of shooting an unarmed, non-threatening American citizen in the back.

quote:
Nope, sorry … IF that unfortunate kid in Ferguson and that unfortunate guy in South Carolina had simply obeyed, complied with, lawful police command, both would almost certainly be alive today ...
So you keep saying, but WHY? Quite possibly this person did something a bit wrong and a bit dumb, and because of that, he was shot dead. But given the fact that the shooting is such a colossal over-reaction to the wrong, dumb thing that 'provoked' it, that scarcely seems relevant to any important issue.

Is the death any less of a tragedy because the guy ran from the police? Are his family less bereaved? Is he less deserving of our sympathy? Is his murder any less reprehensible?

I think the answer to all of those is a pretty clear 'no'. If you disagree, if you think we should care less that he was murdered because he acted foolishly, then what you are saying is monstrous. If you agree, then its irrelevant.


(*Does anyone else find the 'busted tail-light' thing suspicious, given that the video certainly looks like the subsequent pursuit and suiting took place in broad daylight?

I was pulled over by police once in the US for a broken tail-light (and, of course, was requested to stay in the car while papers were checked, so couldn't verify it) in a hire car, which some friendly gremlin had completely repaired 5 seconds after the cop's departure, so I've always assumed that "broken tail-light' is the US equivalent of the English police's "driving erratically", as the legal fiction used to pull over motorists that they are suspicious of where there is rationale they could articulate. But at least in my case it was actually dark when I was stopped. I'm generally sceptical of knee-jerk accusations of racism, but I do think it is frighteningly plausible that the only relevant darkness in this case was that of Mr Scott's skin.)

As I understand the facts of this case, the brake lights were not working, which is a potentially serious safety problem …

Reportedly the guy had bought the vehicle only a short time back, so the questions of ownership likely were not immediately available, and in any case the license plate number tells the cop nothing at all about the identity of the driver …

Again, real life real world police work is often difficult, *dicey* and dangerous …

Last July, Officer Scott Patrick (Mendota Heights, Minnesota Police Department) made what should have been a routine traffic stop …

The pulled-over driver, Brian Fitch, sprang out of his car, immediately shot the officer twice, then made a third shot execution style to the officer's head, killing him …

Fitch got back into his vehicle and sped away … Shortly afterward, he was captured following a pitched gun battle with police … He survived his several wounds, stood trial and will now spend the rest of his life in prison with no parole …

EVERY street cop faces that potential situation EVERY day … Usually the day is routine and frankly boringly ordinary … But not always …

Again, if the guy in South Carolina had simply obeyed the officer's LAWFUL commands, he would almost certainly still be alive today ...
 
Posted by chris stiles (# 12641) on :
 
quote:
Originally posted by Teilhard:

In this case, obviously the cop made a tragically wrong decision … Is anyone arguing otherwise … ???

Well, as Eliab states above:

"if you think we should care less that he was murdered because he acted foolishly, then what you are saying is monstrous. If you agree, then its irrelevant."
 
Posted by Dave W. (# 8765) on :
 
quote:
Originally posted by Teilhard:
Again, if the guy in South Carolina had simply obeyed the officer's LAWFUL commands, he would almost certainly still be alive today ...

And again, if the officer had not shot an unarmed man in the back, he wouldn't be facing murder charges today. For some reason, however, you persist in focusing on what the victim could have done differently, rather than on the murderer's culpability.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by chris stiles:
quote:
Originally posted by Teilhard:

In this case, obviously the cop made a tragically wrong decision … Is anyone arguing otherwise … ???

Well, as Eliab states above:

"if you think we should care less that he was murdered because he acted foolishly, then what you are saying is monstrous. If you agree, then its irrelevant."

LOTS of people who die a tragic unnecessary untimely death do so by "acting foolishly" …

E.g., there is a very popular movie series, "Fast and Furious" featuring a bunch of irresponsible testosterone poisoned guys driving on city streets TOO *fast*and*furiously … Ironically, the founding star of the movies died in a high speed fiery car crash just before completion of "Fast and Furious 7" …

And, yes, some murder victims tragically unknowingly set up the circumstances of their own demise … it happens … Human beings -- whether cops or citizens -- do not always behave rationally ...
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Dave W.:
quote:
Originally posted by Teilhard:
Again, if the guy in South Carolina had simply obeyed the officer's LAWFUL commands, he would almost certainly still be alive today ...

And again, if the officer had not shot an unarmed man in the back, he wouldn't be facing murder charges today. For some reason, however, you persist in focusing on what the victim could have done differently, rather than on the murderer's culpability.
Oh, no … I agree that firing and charging the cop was the correct thing to do … Is anyone contending otherwise … ???

But, and, yes … IF the guy had simply complied with lawful police commands, he likely would still be alive today … True … ???
 
Posted by chris stiles (# 12641) on :
 
quote:
Originally posted by Teilhard:

But, and, yes … IF the guy had simply complied with lawful police commands, he likely would still be alive today … True … ???

Ah yes, the poor put upon policeman (whose initial instincts were to cover up the incident - as he continued to do so in the days afterwards).

This sounds awfully like "If she hadn't got drunk .."
 
Posted by saysay (# 6645) on :
 
quote:
Originally posted by Eliab:
(*Does anyone else find the 'busted tail-light' thing suspicious, given that the video certainly looks like the subsequent pursuit and suiting took place in broad daylight?

I read somewhere that even if the taillight was out, the law only requires one functioning taillight.

That said, I have been pulled over for a taillight that really was out (I don't often stand behind my car and hit the breaks to check). The cop ran my information and told me to replace the light (no citation). But if the cop had run this guy's information, his warrant would have come up, and he would have been hauled back to jail.

Even though we supposedly ruled debtor's prisons unconstitutional a long time ago.
 
Posted by Dafyd (# 5549) on :
 
quote:
Originally posted by Teilhard:
In this case, obviously the cop made a tragically wrong decision … Is anyone arguing otherwise … ???

Yes. Many people are arguing that he made a vicious homicidal and wicked decision.
 
Posted by Dave W. (# 8765) on :
 
quote:
Originally posted by Teilhard:
But, and, yes … IF the guy had simply complied with lawful police commands, he likely would still be alive today … True … ???

Not necessarily. Sometimes cops will shoot you even when you're complying with their orders.

Walter Scott could have made different choices - hell, if he hadn't even driven down that road that day, he'd still be alive. But even then we would still have a system in which cops like Slager apparently believe they can gun down unarmed people with impunity. I think the latter issue is a lot more important than the former.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Dave W.:
quote:
Originally posted by Teilhard:
But, and, yes … IF the guy had simply complied with lawful police commands, he likely would still be alive today … True … ???

Not necessarily. Sometimes cops will shoot you even when you're complying with their orders.

Walter Scott could have made different choices - hell, if he hadn't even driven down that road that day, he'd still be alive. But even then we would still have a system in which cops like Slager apparently believe they can gun down unarmed people with impunity. I think the latter issue is a lot more important than the former.

Situations like that one in South Carolina are rare, which is why they are "news" ...
 
Posted by chris stiles (# 12641) on :
 
quote:
Originally posted by Teilhard:

Situations like that one in South Carolina are rare, which is why they are "news" ...

Except if not for the video surfacing it wouldn't have made much of the news.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by chris stiles:
quote:
Originally posted by Teilhard:

Situations like that one in South Carolina are rare, which is why they are "news" ...

Except if not for the video surfacing it wouldn't have made much of the news.
Yes … Nobody's video of ordinary boring cop-citizen interactions will ever make it onto the 6 o'clock news …

But, really … ??? Is it the contention that cops all across America are routinely just gunning down innocent unarmed citizens for -- what ??? -- sport … ??? Really … ???
 
Posted by Hiro's Leap (# 12470) on :
 
quote:
Originally posted by Teilhard:
But, and, yes … IF the guy had simply complied with lawful police commands, he likely would still be alive today … True … ???

Suppose Mike badly insults Dave. Dave has had a tough day.

If Dave loses his temper and punches Mike, people might say "He shouldn't have done it, but hell, Mike was pretty rude to him." The reaction may be wrong but it isn't totally disproportionate to the triggering event.

Now suppose if instead of punching Mike, Dave stabs him two dozen times in the chest. In this case most people wouldn't dream of saying "Yeah, but Mike was rude. It wouldn't have happened otherwise." This may be entirely true, but the action and reaction are so utterly disproportionate that it'd seem a weird and disrespectful comment. It would sound like the speaker was trying to minimise Dave's crime.

Similarly, shooting an unarmed man in the back as they're running away is a grossly disproportionate response. Even if the victim was wrong or foolish to run, mentioning this can make it sound like you're trying to minimise the crime. You're doing the police no favours by arguing this (and I'm certainly not in the anti-police camp here).
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Hiro's Leap:
quote:
Originally posted by Teilhard:
But, and, yes … IF the guy had simply complied with lawful police commands, he likely would still be alive today … True … ???

Suppose Mike badly insults Dave. Dave has had a tough day.

If Dave loses his temper and punches Mike, people might say "He shouldn't have done it, but hell, Mike was pretty rude to him." The reaction may be wrong but it isn't totally disproportionate to the triggering event.

Now suppose if instead of punching Mike, Dave stabs him two dozen times in the chest. In this case most people wouldn't dream of saying "Yeah, but Mike was rude. It wouldn't have happened otherwise." This may be entirely true, but the action and reaction are so utterly disproportionate that it'd seem a weird and disrespectful comment. It would sound like the speaker was trying to minimise Dave's crime.

Similarly, shooting an unarmed man in the back as they're running away is a grossly disproportionate response. Even if the victim was wrong or foolish to run, mentioning this can make it sound like you're trying to minimise the crime. You're doing the police no favours by arguing this (and I'm certainly not in the anti-police camp here).

I, for one, am not minimizing anything …
I agree that firing and charging the officer was the right thing to do … Hello … ???
 
Posted by Golden Key (# 1468) on :
 
Teilhard--

Given your connections with law enforcement: if an unarmed person runs away from a traffic stop, is a lone cop required to follow them? Or is the cop expected to call for backup?

Thx.
 
Posted by Hiro's Leap (# 12470) on :
 
quote:
Originally posted by Teilhard:
I, for one, am not minimizing anything …
I agree that firing and charging the officer was the right thing to do … Hello … ???

Teilhard, I'm aware you think the officer should be charged. I was trying to explain why, despite this, your comments might look like attempts to minimise the officer's responsibility (whether or not they were intended as such).

Saying "Yeah, Dave should definitely be prosecuted for murder, but Mike was rude and it wouldn't have happened otherwise..." still sounds like someone making excuses for Dave.
 
Posted by saysay (# 6645) on :
 
quote:
Originally posted by Teilhard:
But, really … ??? Is it the contention that cops all across America are routinely just gunning down innocent unarmed citizens for -- what ??? -- sport … ??? Really … ???

Yes. They're not necessarily gunning them down, sometimes they're beating or tasing them for no particular reason. But, yes, I think that's the contention.

A certain percentage of human beings are psychopaths. They do things like that for sport. Some of them are police officers. The combination of police procedures, unions, and police culture (the blue wall of silence) means that these people are rarely removed from the force, even when everyone knows that most of the really outrageous conduct in terms of unjustified use of force is coming from a few people.

There's an former officer in my city who has an open lawsuit because he claims that when he tried to do the right thing and report a fellow officer, he was bullied off the force.

As I said before, I think the cops and mundanes face an equal likelihood that they are dealing with a dangerous person who intends them harm while they are interacting.
 
Posted by Dave W. (# 8765) on :
 
quote:
Originally posted by Teilhard:
quote:
Originally posted by Dave W.:
quote:
Originally posted by Teilhard:
But, and, yes … IF the guy had simply complied with lawful police commands, he likely would still be alive today … True … ???

Not necessarily. Sometimes cops will shoot you even when you're complying with their orders.

Walter Scott could have made different choices - hell, if he hadn't even driven down that road that day, he'd still be alive. But even then we would still have a system in which cops like Slager apparently believe they can gun down unarmed people with impunity. I think the latter issue is a lot more important than the former.

Situations like that one in South Carolina are rare, which is why they are "news" ...
How could you possibly know how rare they are?

War and crime also regularly make the news - do you take that a sign that war and crime are rare?
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Golden Key:
Teilhard--

Given your connections with law enforcement: if an unarmed person runs away from a traffic stop, is a lone cop required to follow them? Or is the cop expected to call for backup?

Thx.

From what I've seen and heard of the coverage of the situation, the officer was in communication with Dispatch … Upon hearing in real time that the suspect was running and that a taser was in use, there would immediately be a call for "officer needs assistance" …
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Hiro's Leap:
quote:
Originally posted by Teilhard:
I, for one, am not minimizing anything …
I agree that firing and charging the officer was the right thing to do … Hello … ???

Teilhard, I'm aware you think the officer should be charged. I was trying to explain why, despite this, your comments might look like attempts to minimise the officer's responsibility (whether or not they were intended as such).

Saying "Yeah, Dave should definitely be prosecuted for murder, but Mike was rude and it wouldn't have happened otherwise..." still sounds like someone making excuses for Dave.

I minimize the responsibility of neither the officer NOR the dead guy for the terrible tragic mess they BOTH created ...
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Dave W.:
quote:
Originally posted by Teilhard:
quote:
Originally posted by Dave W.:
quote:
Originally posted by Teilhard:
But, and, yes … IF the guy had simply complied with lawful police commands, he likely would still be alive today … True … ???

Not necessarily. Sometimes cops will shoot you even when you're complying with their orders.

Walter Scott could have made different choices - hell, if he hadn't even driven down that road that day, he'd still be alive. But even then we would still have a system in which cops like Slager apparently believe they can gun down unarmed people with impunity. I think the latter issue is a lot more important than the former.

Situations like that one in South Carolina are rare, which is why they are "news" ...
How could you possibly know how rare they are?

War and crime also regularly make the news - do you take that a sign that war and crime are rare?

Yes … Both "war" and "crime" are relatively rare …
The vast majority of persons everywhere throughout history are not injured or killed in "war" …
Most houses are not burglarized, most cars are not stolen, most persons are neither raped nor murdered ...
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by Teilhard:
quote:
Originally posted by Hiro's Leap:
quote:
Originally posted by Teilhard:
I, for one, am not minimizing anything …
I agree that firing and charging the officer was the right thing to do … Hello … ???

Teilhard, I'm aware you think the officer should be charged. I was trying to explain why, despite this, your comments might look like attempts to minimise the officer's responsibility (whether or not they were intended as such).

Saying "Yeah, Dave should definitely be prosecuted for murder, but Mike was rude and it wouldn't have happened otherwise..." still sounds like someone making excuses for Dave.

I minimize the responsibility of neither the officer NOR the dead guy for the terrible tragic mess they BOTH created ...
Yeah, it was an equal thing. Guy not wanting to go to jail for missing child support payment running and a cop who couldn't be arsed to chase killing a non-threatening man. [Roll Eyes]
 
Posted by Dave W. (# 8765) on :
 
quote:
Originally posted by Teilhard:
Most houses are not burglarized, most cars are not stolen, most persons are neither raped nor murdered ...

That's your standard for rare? So as long as most people aren't actually shot in the back by cops, you think that counts as rare?
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by lilBuddha:
quote:
Originally posted by Teilhard:
quote:
Originally posted by Hiro's Leap:
quote:
Originally posted by Teilhard:
I, for one, am not minimizing anything …
I agree that firing and charging the officer was the right thing to do … Hello … ???

Teilhard, I'm aware you think the officer should be charged. I was trying to explain why, despite this, your comments might look like attempts to minimise the officer's responsibility (whether or not they were intended as such).

Saying "Yeah, Dave should definitely be prosecuted for murder, but Mike was rude and it wouldn't have happened otherwise..." still sounds like someone making excuses for Dave.

I minimize the responsibility of neither the officer NOR the dead guy for the terrible tragic mess they BOTH created ...
Yeah, it was an equal thing. Guy not wanting to go to jail for missing child support payment running and a cop who couldn't be arsed to chase killing a non-threatening man. [Roll Eyes]
Yes … If only if only if only the guy had just stayed in his car … as lawfully ordered …

I do agree that the legalities these days re: court-ordered child support often add up to a big messy hassle …
What SHOULD society do to provide adequate financial support for children in broken families … ??? -- hold a monthly bake sale … ???
What SHOULD society do regarding "deadbeat" parents who don't or can't pony up court-ordered child support … ??? -- just forget it … ???
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Dave W.:
quote:
Originally posted by Teilhard:
Most houses are not burglarized, most cars are not stolen, most persons are neither raped nor murdered ...

That's your standard for rare? So as long as most people aren't actually shot in the back by cops, you think that counts as rare?
You seem to be implying that "being shot in the back by cops" ISN'T "rare" … (So, is it "common," then, like going to the dentist, or what … ???)

So, what are the known statistics on that … ???
 
Posted by Dave W. (# 8765) on :
 
quote:
Originally posted by Teilhard:
quote:
Originally posted by Dave W.:
quote:
Originally posted by Teilhard:
Most houses are not burglarized, most cars are not stolen, most persons are neither raped nor murdered ...

That's your standard for rare? So as long as most people aren't actually shot in the back by cops, you think that counts as rare?
You seem to be implying that "being shot in the back by cops" ISN'T "rare" … (So, is it "common," then, like going to the dentist, or what … ???)

So, what are the known statistics on that … ???

Rarity is your claim - you back it up.
 
Posted by mdijon (# 8520) on :
 
quote:
Originally posted by Teilhard:
What SHOULD society do regarding "deadbeat" parents who don't or can't pony up court-ordered child support … ??? -- just forget it … ???

Clearly the best plan is to shoot them in the back as they try to run away then fit up some evidence and an account of provoking the event.
 
Posted by Golden Key (# 1468) on :
 
The Supreme Court Precedent For The Walter Scott Shooting (ThinkProgress).

Has a couple of previous cases--dating back to the 80s--where the Supremes set a higher bar on police use of force.
 
Posted by Alan Cresswell (# 31) on :
 
(I could have sworn I saw that post in Hell a minute ago ...)
 
Posted by Golden Key (# 1468) on :
 
...and then you blinked, and it was gone? [Biased]
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Dave W.:
quote:
Originally posted by Teilhard:
quote:
Originally posted by Dave W.:
quote:
Originally posted by Teilhard:
Most houses are not burglarized, most cars are not stolen, most persons are neither raped nor murdered ...

That's your standard for rare? So as long as most people aren't actually shot in the back by cops, you think that counts as rare?
You seem to be implying that "being shot in the back by cops" ISN'T "rare" … (So, is it "common," then, like going to the dentist, or what … ???)

So, what are the known statistics on that … ???

Rarity is your claim - you back it up.
The rarity of such tragedies is demonstrated by the fact that the are "newsworthy" …

It's like jetliners full of people … Multiple thousands of safe landings every day don't make headlines … ONE crash does, often for days on end ...

[ 13. April 2015, 12:05: Message edited by: Teilhard ]
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by Teilhard:
The rarity of such tragedies is demonstrated by the fact that the are "newsworthy" …

It's like jetliners full of people … Multiple thousands of safe landings every day don't make headlines … ONE crash does, often for days on end ...

I'm pretty sure news coverage is a poor proxy for estimating rarity. By this standard there is rarely ever violence in the Middle East.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Crœsos:
quote:
Originally posted by Teilhard:
The rarity of such tragedies is demonstrated by the fact that the are "newsworthy" …

It's like jetliners full of people … Multiple thousands of safe landings every day don't make headlines … ONE crash does, often for days on end ...

I'm pretty sure news coverage is a poor proxy for estimating rarity. By this standard there is rarely ever violence in the Middle East.
Okay … *shrug*
 
Posted by saysay (# 6645) on :
 
quote:
Originally posted by Teilhard:
I do agree that the legalities these days re: court-ordered child support often add up to a big messy hassle …

Prison is now a "hassle"? Huh. Who knew.

Re: rarity. Maryland just passed a law requiring information on officer involved killings to be compiled by a state agency. Between 2010-2014, 109 people have died. That's more than two per year.

According to these people, so far in 2015 cops have killed someone in the US every eight hours.

Are they all as cut-and-dried as this case? No, most of them are a bit messier; in many of them the officers were likely justified in using some force (but not necessarily lethal force).

But I'm not sure one death every eight hours counts as rare.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by saysay:
quote:
Originally posted by Teilhard:
I do agree that the legalities these days re: court-ordered child support often add up to a big messy hassle …

Prison is now a "hassle"? Huh. Who knew.

Re: rarity. Maryland just passed a law requiring information on officer involved killings to be compiled by a state agency. Between 2010-2014, 109 people have died. That's more than two per year.

According to these people, so far in 2015 cops have killed someone in the US every eight hours.

Are they all as cut-and-dried as this case? No, most of them are a bit messier; in many of them the officers were likely justified in using some force (but not necessarily lethal force).

But I'm not sure one death every eight hours counts as rare.

The claim (above) was that it is not "rare" for a police officer to shoot an unarmed person in the back …

But, at that, the VAST majority of persons who are shot (and sometimes killed) in The USA are shot (and killed) by a neighbor, a relative, a coworker, or such …

The BIG problem in America is not that COPS have guns and are trigger*happy … It's average Joe Blow who is THE gun violence problem
 
Posted by saysay (# 6645) on :
 
quote:
Originally posted by Teilhard:
The BIG problem in America is not that COPS have guns and are trigger*happy …

No, you're right. The BIG problem in America is not that COPS have gun and are trigger happy.

It's that the cops treat the general public as an enemy in a war.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by saysay:
quote:
Originally posted by Teilhard:
The BIG problem in America is not that COPS have guns and are trigger*happy …

No, you're right. The BIG problem in America is not that COPS have gun and are trigger happy.

It's that the cops treat the general public as an enemy in a war.

Some -- not all -- cops do feel as if they are under siege these days, not only by the crooks but also sometimes by ordinary citizens …

Yet … despite that, when a citizen calls *911* and the cops arrive quickly, sometimes in force, generally citizen crime victims are VERY glad for it, and relieved that the cops come with guns, tazers, handcuffs, K-9 partners, etc. …

MOST citizens dutifully peacefully reasonably pull over and stop for a cruiser with lights flashing, calmly produce documents -- license, insurance, etc, etc. -- WITHOUT running away, attacking the officer, menacing or threatening the cop … receive a ticket or a warning and they're on their way again (annoyed, upset, not looking forward to paying a fine) …

Google the fascinating (hilarious but entirely serious) video by Chris Rock: "How Not To Get Your Ass Kicked By The Police" ...
 
Posted by Soror Magna (# 9881) on :
 
I suspect one of the biggest problems with police culture is that it is very difficult for front-line officers to remember that many of the people they deal with, including some of the ones they arrest, are innocent until proven guilty by a court of law. However, they also witness criminal acts, and they are also tasked with apprehending people who have already been convicted (e.g. parole violation) of a crime. I truly do understand the temptation to punish someone who has clearly committed a criminal act, but in our legal system, police don't determine guilt and punishment, the courts do. Heck, I even understand the temptation to punish someone who is being mouthy or abusive, but again, that is not the job of the police. Unfortunately, should an officer be unable to resist the temptation to mete out punishment, it is apparently very easy to pass it off as "resisting arrest" or "not cooperating" or the perennial favourite, "HE TRIED TO GRAB MY GUN AND I FEARED FOR MY LIFE!!!!"
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Soror Magna:
I suspect one of the biggest problems with police culture is that it is very difficult for front-line officers to remember that many of the people they deal with, including some of the ones they arrest, are innocent until proven guilty by a court of law. However, they also witness criminal acts, and they are also tasked with apprehending people who have already been convicted (e.g. parole violation) of a crime. I truly do understand the temptation to punish someone who has clearly committed a criminal act, but in our legal system, police don't determine guilt and punishment, the courts do. Heck, I even understand the temptation to punish someone who is being mouthy or abusive, but again, that is not the job of the police. Unfortunately, should an officer be unable to resist the temptation to mete out punishment, it is apparently very easy to pass it off as "resisting arrest" or "not cooperating" or the perennial favourite, "HE TRIED TO GRAB MY GUN AND I FEARED FOR MY LIFE!!!!"

Yes … Street cops do their daily work in the real world, not in the neat tidy orderly world of a court room … How does an officer KNOW if that person is a dangerous felon, and/or a psychopath, armed, or … just a regular guy … ???

So police officers are authorized by society -- and specifically allowed by law -- to use force and the threat of greater force, and to search and restrain persons … in order to protect innocent persons and maintain public order …

One of my friends practiced law for a number of years, did a lot of pro bono work, served as a public defender … She quit legal practice in disgust because she came to realize that most practice of law involves trying to find sneaky ways AROUND the law, and she knew (didn't suspect, but KNEW) that her clients were nearly always indeed guilty of the crimes for which they were charged …

See ... "innocent until proven guilty" is essentially a legal fiction -- a procedural guarantee that in our judicial system, the state must "prove" guilt; the charged person need not "prove" her/his innocence …

See … LOTS of accused/suspected persons are taken away in handcuffs, subjected to search, held in jail until bail is approved and paid -- all BEORE that person has been "proven guilty" of anything … !!! What's with that … ???

In a system of presumed REAL "innocence," no one would ever be forced to spend a night in jail, subjected to being handcuffed, etc., required to post bail, etc. … True … ???

The REAL world is not chock full of genuine innocence, but is mostly … messy … VERY messy ...

[ 14. April 2015, 01:26: Message edited by: Teilhard ]
 
Posted by saysay (# 6645) on :
 
quote:
Originally posted by Teilhard:
Yet … despite that, when a citizen calls *911* and the cops arrive quickly, sometimes in force, generally citizen crime victims are VERY glad for it, and relieved that the cops come with guns, tazers, handcuffs, K-9 partners, etc. …

Bullshit. The police generally only even bother showing up (much less arriving quickly) if you're a rich white person. Otherwise, half the time they don't come, the other half the time they refuse to take a report. Sometimes when they show up they leave the reporting victim with bruises.


quote:
Google the fascinating (hilarious but entirely serious) video by Chris Rock: "How Not To Get Your Ass Kicked By The Police" ...
You're behind the times. Google Chris Rock: selfie every time he's pulled over by the police.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by saysay:
quote:
Originally posted by Teilhard:
Yet … despite that, when a citizen calls *911* and the cops arrive quickly, sometimes in force, generally citizen crime victims are VERY glad for it, and relieved that the cops come with guns, tazers, handcuffs, K-9 partners, etc. …

Bullshit. The police generally only even bother showing up (much less arriving quickly) if you're a rich white person. Otherwise, half the time they don't come, the other half the time they refuse to take a report. Sometimes when they show up they leave the reporting victim with bruises.


quote:
Google the fascinating (hilarious but entirely serious) video by Chris Rock: "How Not To Get Your Ass Kicked By The Police" ...
You're behind the times. Google Chris Rock: selfie every time he's pulled over by the police.

Yes, I've seen his recent "selfies" …

If indeed the cops routinely misbehave in your community as your claim (above), you have a citizen's right -- indeed, DUTY -- to blow the whistle in that situation … Have you done so … ???

[ 14. April 2015, 01:50: Message edited by: Teilhard ]
 
Posted by Palimpsest (# 16772) on :
 
Yet another example;
Police Deputy shoots restrained fugitive by mistake. The 73 year old deputy used his gun rather than his taser by mistake.
 
Posted by mousethief (# 953) on :
 
quote:
Originally posted by Teilhard:
Some -- not all -- cops do feel as if they are under siege these days, not only by the crooks but also sometimes by ordinary citizens …

Which is kind of odd when you consider that violent crime is at a 30-year low, and cops kill 10 times more civilians than civilians kill cops. If that's what counts as "under siege" then they are paranoiacs who need counseling.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Palimpsest:
Yet another example;
Police Deputy shoots restrained fugitive by mistake. The 73 year old deputy used his gun rather than his taser by mistake.

It's rare … That makes it "news" ...
 
Posted by Palimpsest (# 16772) on :
 
You keep repeating these incidents are rare. If they were so rare, the newspapers wouldn't know that people are interested in knowing about them.

In this case, an untrained volunteer friend of the Sheriff shot a restrained man "in error". What's not rare is that the Sheriff didn't want to charge him with anything. That seems to be the common police reaction to police misdoing.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by mousethief:
quote:
Originally posted by Teilhard:
Some -- not all -- cops do feel as if they are under siege these days, not only by the crooks but also sometimes by ordinary citizens …

Which is kind of odd when you consider that violent crime is at a 30-year low, and cops kill 10 times more civilians than civilians kill cops. If that's what counts as "under siege" then they are paranoiacs who need counseling.
One of my great uncles some decades ago was a town marshall … He was shot and killed by a burglar … My uncle wasn't paranoid -- he was just DEAD …

In your opinion, who should handle "burglars" … and how … ??? Maybe just let them go about their chosen career and encourage homeowners to insure their stuff … ???
 
Posted by saysay (# 6645) on :
 
quote:
Originally posted by Teilhard:
If indeed the cops routinely misbehave in your community as your claim (above), you have a citizen's right -- indeed, DUTY -- to blow the whistle in that situation … Have you done so … ???

I've certainly tried different things at great personal cost.

But how does one blow the whistle?
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Palimpsest:
You keep repeating these incidents are rare. If they were so rare, the newspapers wouldn't know that people are interested in knowing about them.

In this case, an untrained volunteer friend of the Sheriff shot a restrained man "in error". What's not rare is that the Sheriff didn't want to charge him with anything. That seems to be the common police reaction to police misdoing.

Such incidents ARE rare … which is why they are "news" … Ten thousand people arrested and tried without any violence is NOT "news" … (Or does your local newspaper, e.g., give a detailed account, a few pages in length, complete with photographs, of every routine traffic stop, DWI arrest, common shoplifting investigation, domestic assault case, occasional minor drug bust, etc., etc. … ??? Really … ???)

[ 14. April 2015, 02:34: Message edited by: Teilhard ]
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by saysay:
quote:
Originally posted by Teilhard:
If indeed the cops routinely misbehave in your community as your claim (above), you have a citizen's right -- indeed, DUTY -- to blow the whistle in that situation … Have you done so … ???

I've certainly tried different things at great personal cost.

But how does one blow the whistle?

I don't know the specific community to which you refer … but a good start would be to go to a local influential politician who has some power and influence and has a reputation of integrity; the mayor; the local newspaper; the U. S. Attorney for your District …

Seriously, the level of corruption you describe (above) cries out for investigation and reform … If you have DOCUMENTED FACTS to share -- names, places, dates, incidents -- you have both a right and a duty to begin a reform process ...
 
Posted by Dave W. (# 8765) on :
 
quote:
Originally posted by Teilhard:
The claim (above) was that it is not "rare" for a police officer to shoot an unarmed person in the back …

No, you claimed that it was rare, but had nothing to support that except a) the fact that it's in the news (apparently you think everything that's in the news is rare) and b) "*shrug*".
 
Posted by Leorning Cniht (# 17564) on :
 
quote:
Originally posted by Palimpsest:

In this case, an untrained volunteer friend of the Sheriff shot a restrained man "in error". What's not rare is that the Sheriff didn't want to charge him with anything. That seems to be the common police reaction to police misdoing.

It's probably a fairly natural point of view. Humans make a handful of errors per hour under normal conditions (and many more when tired, under stress, etc.).

As you describe it, the Sheriff's untrained volunteer friend shot someone whilst intending to discharge a taser at them. On the face of it, this is, exactly, an error. Charging the friend with a crime is the wrong response. The person who deserves to be in the dock is the Sheriff who authorized his untrained buddy to help out with police work carrying lethal weapons without proper training.

That's the root cause here - not the guy who actually fired the weapon and dropped it in surprise when it recoiled because he was expecting a taser.

People screw up. It happens. You don't fix the problem by yelling at them and telling them not to screw up.

ETA: If the suspect was already restrained, there was clearly no need to discharge any weapon at him - gun, taser or whatever. In that case, the decision to fire a weapon becomes a conscious fault, not an error, and the fact that the weapon was a gun in error rather than a taser doesn't provide any mitigation.

[ 14. April 2015, 03:07: Message edited by: Leorning Cniht ]
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Dave W.:
quote:
Originally posted by Teilhard:
The claim (above) was that it is not "rare" for a police officer to shoot an unarmed person in the back …

No, you claimed that it was rare, but had nothing to support that except a) the fact that it's in the news (apparently you think everything that's in the news is rare) and b) "*shrug*".
Okay … *shrug*
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Leorning Cniht:
quote:
Originally posted by Palimpsest:

In this case, an untrained volunteer friend of the Sheriff shot a restrained man "in error". What's not rare is that the Sheriff didn't want to charge him with anything. That seems to be the common police reaction to police misdoing.

It's probably a fairly natural point of view. Humans make a handful of errors per hour under normal conditions (and many more when tired, under stress, etc.).

As you describe it, the Sheriff's untrained volunteer friend shot someone whilst intending to discharge a taser at them. On the face of it, this is, exactly, an error. Charging the friend with a crime is the wrong response. The person who deserves to be in the dock is the Sheriff who authorized his untrained buddy to help out with police work carrying lethal weapons without proper training.

That's the root cause here - not the guy who actually fired the weapon and dropped it in surprise when it recoiled because he was expecting a taser.

People screw up. It happens. You don't fix the problem by yelling at them and telling them not to screw up.

ETA: If the suspect was already restrained, there was clearly no need to discharge any weapon at him - gun, taser or whatever. In that case, the decision to fire a weapon becomes a conscious fault, not an error, and the fact that the weapon was a gun in error rather than a taser doesn't provide any mitigation.

Yes … On occasion, e.g., a surgeon or other medical professional makes a grievous error, resulting in the unnecessary accidental death of an innocent patient … Our response -- as a society, as a health care institution, as a licensing board -- is not necessarily to jail or fire the person who screwed*up, but rather to try to learn from the mistake(s), institute improved practices, and generally do better in the subsequent cases … IOW, "malpractice" doesn't necessarily call for hanging the practitioner ("out to dry") …

And of course, there is always "tort" …

[ 14. April 2015, 03:31: Message edited by: Teilhard ]
 
Posted by Palimpsest (# 16772) on :
 
If a surgeon allows an untrained friend to scrub in and assist in the operation and the patient dies due to errors the surgeon will lose their license and the friend is likely to be charged with manslaughter.

When someone is shot and killed by a policeman, it needs to be investigated and not simply dismissed by the policeman or his friends as "excusable homicide". After public outrage the D.A. has charged the reservist with second degree manslaughter. This is as it should be.

I would agree the Sheriff is negligent, but the reservist was negligent in seeking situations for which he was untrained to respond properly.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Palimpsest:
If a surgeon allows an untrained friend to scrub in and assist in the operation and the patient dies due to errors the surgeon will lose their license and the friend is likely to be charged with manslaughter.

When someone is shot and killed by a policeman, it needs to be investigated and not simply dismissed by the policeman or his friends as "excusable homicide". After public outrage the D.A. has charged the reservist with second degree manslaughter. This is as it should be.

I would agree the Sheriff is negligent, but the reservist was negligent in seeking situations for which he was untrained to respond properly.

Yes … Each and every "case" is its own "case," whether in medicine or in policing or in law … and so must be evaluated and judged and when appropriate, adjudicated, as the particular case that it is …

Broad brush condemnations of either "cops" or "docs" are neither realistic nor helpful …
So, e.g., the original case under discussion at the beginning of this discussion (the Ferguson case) is a different case than the more recent South Carolina debacle or the case of the bumbling bungling volunteer "deputy" ...
 
Posted by Leorning Cniht (# 17564) on :
 
quote:
Originally posted by Palimpsest:

I would agree the Sheriff is negligent, but the reservist was negligent in seeking situations for which he was untrained to respond properly.

See, that's the thing about training. One of the things that it teaches you is "who is qualified to do this task you're being trained to do". The people who are trained to do task X are supposed to know not to let untrained people do X.

Whilst it might be reasonable to expect untrained people to guess that X requires special training, ...
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by Teilhard:
Yes … Each and every "case" is its own "case," whether in medicine or in policing or in law … and so must be evaluated and judged and when appropriate, adjudicated, as the particular case that it is …

Broad brush condemnations of either "cops" or "docs" are neither realistic nor helpful …

Which is a great standard to promote if you're trying to cover up systematic abuses. Like, for example, a small, not=so-hypothetical Missouri town using its police force to raise revenues via a series of trumped up, racially motivated charges and a Byzantine court bureaucracy deliberately designed to rack up additional fees and charges. Yes, I can see why you'd want to avoid discussing systematic problems.
 
Posted by Boogie (# 13538) on :
 
quote:
Originally posted by Crœsos:
Yes, I can see why you'd want to avoid discussing systematic problems.

Lack of gun control is a systemic problem from top to bottom. Until this is tackled in the US there will be many, many more deaths.
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by Leorning Cniht:
quote:
Originally posted by Palimpsest:

I would agree the Sheriff is negligent, but the reservist was negligent in seeking situations for which he was untrained to respond properly.

See, that's the thing about training. One of the things that it teaches you is "who is qualified to do this task you're being trained to do". The people who are trained to do task X are supposed to know not to let untrained people do X.

Whilst it might be reasonable to expect untrained people to guess that X requires special training, ...

Law enforcement training in the U.S. Is, as I mentioned earlier, woefully inadequate. Standards for hiring are varied and often inadequate.
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by Teilhard:
quote:
Originally posted by mousethief:
quote:
Originally posted by Teilhard:
Some -- not all -- cops do feel as if they are under siege these days, not only by the crooks but also sometimes by ordinary citizens …

Which is kind of odd when you consider that violent crime is at a 30-year low, and cops kill 10 times more civilians than civilians kill cops. If that's what counts as "under siege" then they are paranoiacs who need counseling.
One of my great uncles some decades ago was a town marshall … He was shot and killed by a burglar … My uncle wasn't paranoid -- he was just DEAD …

In your opinion, who should handle "burglars" … and how … ??? Maybe just let them go about their chosen career and encourage homeowners to insure their stuff … ???

And one of my uncles died whilst dancing. This anecdote is as relevant to mt's comment as yours.
 
Posted by no prophet's flag is set so... (# 15560) on :
 
quote:
Originally posted by Boogie:
quote:
Originally posted by Crœsos:
Yes, I can see why you'd want to avoid discussing systematic problems.

Lack of gun control is a systemic problem from top to bottom. Until this is tackled in the US there will be many, many more deaths.
Indeed. It is amusing to understand that their amendment which gave Americans the right to gunliness is frequently argued as 'can't be changed', which puzzles me given the meaning of the word "amendment".

I have some sympathy for police in the USA, who must assume that everyone they encounter for any reason has a pistol. Though I would agree that shooting people who haven't the wisdom to at least draw out their peacemaker is rather poor sport, let alone their lack of courage displayed in running away.
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by no prophet's flag is set so...:
Indeed. It is amusing to understand that their amendment which gave Americans the right to gunliness is frequently argued as 'can't be changed', which puzzles me given the meaning of the word "amendment".

Although the U.S. Constitution has been amended on average every 12.6 years since ratification, including amendments that altered or even repealed previous amendments (I'm looking at you, Eighteenth Amendment!) to date no section of the Bill of Rights (the first ten amendments that were approved as a block in 1791) has ever been altered by a subsequent Constitutional Amendment. So while it's theoretically possible to alter or repeal the Second Amendment, most Americans would see it as opening a can of worms best left unopened.
 
Posted by Gwai (# 11076) on :
 
Also many of us would say that amendment is unchangeable just because we can't imagine the politics of the U.S. allowing it to be changed in the foreseeable future.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Crœsos:
quote:
Originally posted by Teilhard:
Yes … Each and every "case" is its own "case," whether in medicine or in policing or in law … and so must be evaluated and judged and when appropriate, adjudicated, as the particular case that it is …

Broad brush condemnations of either "cops" or "docs" are neither realistic nor helpful …

Which is a great standard to promote if you're trying to cover up systematic abuses. Like, for example, a small, not=so-hypothetical Missouri town using its police force to raise revenues via a series of trumped up, racially motivated charges and a Byzantine court bureaucracy deliberately designed to rack up additional fees and charges. Yes, I can see why you'd want to avoid discussing systematic problems.
Municipal budgets are stretched thin all across the USA and at the same time many citizen taxpayers strongly resist tax increases to pay for services, yet expect -- DEMAND -- that government at all levels deliver high quality services …

So, yes … That situation in Ferguson, while extreme is endemic ...
 
Posted by chris stiles (# 12641) on :
 
quote:
Originally posted by Teilhard:

Municipal budgets are stretched thin all across the USA and at the same time many citizen taxpayers strongly resist tax increases to pay for services, yet expect -- DEMAND -- that government at all levels deliver high quality services …

So, yes … That situation in Ferguson, while extreme is endemic ...

What an excuse. None of this mandates that the solution lies in the direction of victimising one particular community - that aspect is down to a particular bit of culture coming to the fore (or simply being more evident) in that particular circumstance.

The other issue is that municipal and state government in the US has long suffered from low levels of pervasive corruption.
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by Teilhard:
In America, "the State" represents "the People" and carries out their wishes, for good or ill …

In all democratic countries this is true.
quote:
Originally posted by Teilhard:

So, yes we "the People" authorize the police to carry weapons and use them -- appropriately … in the course of enforcing the laws passed by the congress and legislature …

Again, the training is inadequate.
And you miss the point. The point is that because police feel they are above the citizens, their treatment of them will be adversarial. This will lead to unnecessary violence and death.
Many police in America act as if they are military in a hostile environment. No, actually, they are worse. View the police in Ferguson encountering protestors. Even in the presence of peaceful demonstrators, they have their weapons raised. Most military train to keep weapons down unless intending to shoot. Raising weapons raises tensions and raises the likelihood of fatal mishap.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by chris stiles:
quote:
Originally posted by Teilhard:

Municipal budgets are stretched thin all across the USA and at the same time many citizen taxpayers strongly resist tax increases to pay for services, yet expect -- DEMAND -- that government at all levels deliver high quality services …

So, yes … That situation in Ferguson, while extreme is endemic ...

What an excuse. None of this mandates that the solution lies in the direction of victimising one particular community - that aspect is down to a particular bit of culture coming to the fore (or simply being more evident) in that particular circumstance.

The other issue is that municipal and state government in the US has long suffered from low levels of pervasive corruption.

It's not an "excuse" … It's a fact …

I learned this already the hard way a few decades ago, when I inadvertently failed to put the new registration stickers on my license plates right away … So I got a ticket for "Failure To Display Current Registration" …

I called the Clerk of Court to arrange an opportunity to argue against having to pay a fine, since I had the fresh stickers and obviously had not intended to cheat the state out of the license fee … The Clerk told me, "Oh, that doesn't matter. They just want the money from the fine. Any officer who sees your plate without the correct stickers will write an additional ticket."

So I installed the stickers, paid the fine, and learned my lesson.

As long as municipalities are everywhere stretched budget thin and citizens none the less expect and demand high quality government services, cops will write tickets and courts will impose fines ...
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by lilBuddha:
quote:
Originally posted by Teilhard:
In America, "the State" represents "the People" and carries out their wishes, for good or ill …

In all democratic countries this is true.
quote:
Originally posted by Teilhard:

So, yes we "the People" authorize the police to carry weapons and use them -- appropriately … in the course of enforcing the laws passed by the congress and legislature …

Again, the training is inadequate.
And you miss the point. The point is that because police feel they are above the citizens, their treatment of them will be adversarial. This will lead to unnecessary violence and death.
Many police in America act as if they are military in a hostile environment. No, actually, they are worse. View the police in Ferguson encountering protestors. Even in the presence of peaceful demonstrators, they have their weapons raised. Most military train to keep weapons down unless intending to shoot. Raising weapons raises tensions and raises the likelihood of fatal mishap.

Some -- obviously not ALL -- licensed peace officers ARE adequately properly trained and supervised … Most police departments (by my own real world real life experience) do not operate as paramilitary commandos …

OTOH, there are far too many gun nuts in America who have too many guns and too much ammo … Our society is crazy ...
 
Posted by chris stiles (# 12641) on :
 
quote:
Originally posted by Teilhard:

As long as municipalities are everywhere stretched budget thin and citizens none the less expect and demand high quality government services, cops will write tickets and courts will impose fines ...

Except that the point of contention was that they were doing so in a manner which was highly discriminatory and targeting particular communities.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by chris stiles:
quote:
Originally posted by Teilhard:

As long as municipalities are everywhere stretched budget thin and citizens none the less expect and demand high quality government services, cops will write tickets and courts will impose fines ...

Except that the point of contention was that they were doing so in a manner which was highly discriminatory and targeting particular communities.
That was the case in Ferguson, yes …

As I understand it, in Sweden lately traffic fine structure is based on a more sensible graduated grid that takes "income and ability to pay" into account … So, a rich (white; Swedish") guy in Stockholm may have to pay, say, $150,000 for an ordinary speeding ticket ...
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by Teilhard:
As long as municipalities are everywhere stretched budget thin and citizens none the less expect and demand high quality government services, cops will write tickets and courts will impose fines ...

It seems pretty egregious to call predatory policing and trumped up charges "high quality government services", and the insistence that people are just begging for these things is even more baffling.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Crœsos:
quote:
Originally posted by Teilhard:
As long as municipalities are everywhere stretched budget thin and citizens none the less expect and demand high quality government services, cops will write tickets and courts will impose fines ...

It seems pretty egregious to call predatory policing and trumped up charges "high quality government services", and the insistence that people are just begging for these things is even more baffling.
(1) Municipal government services include much more than "policing" … (2) But … Yes, it is obvious that there are serious racial/economic disparity problems in Ferguson … and in many other cities and towns, too … (3) But again … in every municipality in the USA, municipal budgets are increasingly stretched thin, and city councils and mayors everywhere scramble for adequate revenue ...
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by Teilhard:
(1) Municipal government services include much more than "policing" … (2) But … Yes, it is obvious that there are serious racial/economic disparity problems in Ferguson … and in many other cities and towns, too … (3) But again … in every municipality in the USA, municipal budgets are increasingly stretched thin, and city councils and mayors everywhere scramble for adequate revenue ...

What typically fascinates me about analyses like this is that there seems an almost willful blindness to the possibility that there may be a causal connection between (2) and (3). It never seems to occur to those putting forward this kind of "justification" for racist confiscation schemes disguised as a police force that perhaps the reason (2) "there are serious racial/economic disparity problems in Ferguson" is because (3) the Ferguson municipal government made a deliberate policy decision to fund itself by using a predatory and racist policing system to expropriate the wealth of its black citizens. This is not something that "increasingly" happens, it's a very old story. Older than the U.S. has been a country, in fact.
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by Teilhard:
quote:
Originally posted by Crœsos:
quote:
Originally posted by Teilhard:
As long as municipalities are everywhere stretched budget thin and citizens none the less expect and demand high quality government services, cops will write tickets and courts will impose fines ...

It seems pretty egregious to call predatory policing and trumped up charges "high quality government services", and the insistence that people are just begging for these things is even more baffling.
(1) Municipal government services include much more than "policing" … (2) But … Yes, it is obvious that there are serious racial/economic disparity problems in Ferguson … and in many other cities and towns, too … (3) But again … in every municipality in the USA, municipal budgets are increasingly stretched thin, and city councils and mayors everywhere scramble for adequate revenue ...
Do you know one of the reasons their budgets are stretched thin? Police. Police salaries and retirement eat a significant portion of many city budgets. So, the reason they can't pay for better policing is the cost of the police.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Crœsos:
quote:
Originally posted by Teilhard:
(1) Municipal government services include much more than "policing" … (2) But … Yes, it is obvious that there are serious racial/economic disparity problems in Ferguson … and in many other cities and towns, too … (3) But again … in every municipality in the USA, municipal budgets are increasingly stretched thin, and city councils and mayors everywhere scramble for adequate revenue ...

What typically fascinates me about analyses like this is that there seems an almost willful blindness to the possibility that there may be a causal connection between (2) and (3). It never seems to occur to those putting forward this kind of "justification" for racist confiscation schemes disguised as a police force that perhaps the reason (2) "there are serious racial/economic disparity problems in Ferguson" is because (3) the Ferguson municipal government made a deliberate policy decision to fund itself by using a predatory and racist policing system to expropriate the wealth of its black citizens. This is not something that "increasingly" happens, it's a very old story. Older than the U.S. has been a country, in fact.
So, the solution to these long term racial/economic disparities and injustices … is to continue working toward full human and civil rights for everyone …

… but in the meantime … we also need (armed) licensed sworn peace officers to do as best they can to maintain order in an inherently unruly society …

In an ideal policing world, every police call or situation would involve not only one or more armed officers, but also a clinical psychologist an attorney and a social worker … but that won't happen
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by lilBuddha:
quote:
Originally posted by Teilhard:
quote:
Originally posted by Crœsos:
quote:
Originally posted by Teilhard:
As long as municipalities are everywhere stretched budget thin and citizens none the less expect and demand high quality government services, cops will write tickets and courts will impose fines ...

It seems pretty egregious to call predatory policing and trumped up charges "high quality government services", and the insistence that people are just begging for these things is even more baffling.
(1) Municipal government services include much more than "policing" … (2) But … Yes, it is obvious that there are serious racial/economic disparity problems in Ferguson … and in many other cities and towns, too … (3) But again … in every municipality in the USA, municipal budgets are increasingly stretched thin, and city councils and mayors everywhere scramble for adequate revenue ...
Do you know one of the reasons their budgets are stretched thin? Police. Police salaries and retirement eat a significant portion of many city budgets. So, the reason they can't pay for better policing is the cost of the police.
Well, there you go … "Catch 22" ...
Maybe the police departments everywhere could just rely on unpaid volunteers …

But, yes … Seriously … Many state budgets include huge amounts for "corrections," with those costs skyrocketing during the last three decades …

This happened in part because citizens became weary of being victimized by burglars and car thieves, so state legislatures initiated very serious automatic sentencing guidelines that called for locking up just about every career offender for a long time …

These are not simple questions and won't be solved quickly ...
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by Teilhard:
quote:
Originally posted by lilBuddha:
Do you know one of the reasons their budgets are stretched thin? Police. Police salaries and retirement eat a significant portion of many city budgets. So, the reason they can't pay for better policing is the cost of the police.

Well, there you go … "Catch 22" ...
Maybe the police departments everywhere could just rely on unpaid volunteers …

But, yes … Seriously … Many state budgets include huge amounts for "corrections," with those costs skyrocketing during the last three decades …

This happened in part because citizens became weary of being victimized by burglars and car thieves, so state legislatures initiated very serious automatic sentencing guidelines that called for locking up just about every career offender for a long time …

Not really. Increased incarceration rates due to mandatory minimums really took off when legislatures applied them to non-violent drug offenders. The crime rates for things like burglary and car theft have been declining for years and the effective sentences for those particular offenses haven't gone up by that much. It's not thieves that are exploding the U.S. prison population, it's the War on [Some Classes of People Who Use Certain Types of] Drugs.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Crœsos:
quote:
Originally posted by Teilhard:
quote:
Originally posted by lilBuddha:
Do you know one of the reasons their budgets are stretched thin? Police. Police salaries and retirement eat a significant portion of many city budgets. So, the reason they can't pay for better policing is the cost of the police.

Well, there you go … "Catch 22" ...
Maybe the police departments everywhere could just rely on unpaid volunteers …

But, yes … Seriously … Many state budgets include huge amounts for "corrections," with those costs skyrocketing during the last three decades …

This happened in part because citizens became weary of being victimized by burglars and car thieves, so state legislatures initiated very serious automatic sentencing guidelines that called for locking up just about every career offender for a long time …

Not really. Increased incarceration rates due to mandatory minimums really took off when legislatures applied them to non-violent drug offenders. The crime rates for things like burglary and car theft have been declining for years and the effective sentences for those particular offenses haven't gone up by that much. It's not thieves that are exploding the U.S. prison population, it's the War on [Some Classes of People Who Use Certain Types of] Drugs.
Yes … Drug offenders were included in the general "lock 'em up" movement, along with burglars and car thieves … and the closing down of state hospitals during the 70s and 80s nationwide has also greatly burdened the corrections (and law enforcement) situation right up to the present day …

These problems have a long history and deep roots and won't be solved overnight … and they are manifestly NOT caused by street cops and anxious city governments ...
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by Teilhard:
Well, there you go … "Catch 22" ...
Maybe the police departments everywhere could just rely on unpaid volunteers …

My point was that it isn't available funds but how they are applied. If the UK can manage to afford better training, it is fairly shocking that the U.S. cannot.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by lilBuddha:
quote:
Originally posted by Teilhard:
Well, there you go … "Catch 22" ...
Maybe the police departments everywhere could just rely on unpaid volunteers …

My point was that it isn't available funds but how they are applied. If the UK can manage to afford better training, it is fairly shocking that the U.S. cannot.
Yes … The UK" is not the "USA" … The nature of the society, the attitude toward police and government, etc., is different …

Many officers in the USA have degrees in "Police Science" ...
 
Posted by Soror Magna (# 9881) on :
 
quote:
Originally posted by Teilhard:
... One of my friends practiced law for a number of years, did a lot of pro bono work, served as a public defender … She quit legal practice in disgust because she came to realize that most practice of law involves trying to find sneaky ways AROUND the law, and she knew (didn't suspect, but KNEW) that her clients were nearly always indeed guilty of the crimes for which they were charged …

Well, then ... it's a damn good thing for everybody !!! that your friend quit -- since she apparently never learned what the role of a defense attorney is. ??? Hint: it has nothing to do with the client's guilt or innocence. !!! ??? ...


quote:

See … LOTS of accused/suspected persons are taken away in handcuffs, subjected to search, held in jail until bail is approved and paid -- all BEORE that person has been "proven guilty" of anything … !!! What's with that … ???

In a system of presumed REAL "innocence," no one would ever be forced to spend a night in jail, subjected to being handcuffed, etc., required to post bail, etc. … True … ???...

Really??? I had no idea ... [Roll Eyes] !!! Maybe ... I should watch more cop shows on TV???


There is provision in our legal system, with sufficient evidence, to hold someone to answer charges. ... And the person being held can challenge that -- it's called habeas corpus. !!! They can also challenge the legality of a search -- if the search was illegal, the evidence cannot be used in court. Right ... ??? In Canada, time in custody prior to conviction is counted double !!! towards the actual sentence because it really is a big deal to hold someone who hasn't (yet) been convicted of a crime. Really ...
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Soror Magna:
quote:
Originally posted by Teilhard:
... One of my friends practiced law for a number of years, did a lot of pro bono work, served as a public defender … She quit legal practice in disgust because she came to realize that most practice of law involves trying to find sneaky ways AROUND the law, and she knew (didn't suspect, but KNEW) that her clients were nearly always indeed guilty of the crimes for which they were charged …

Well, then ... it's a damn good thing for everybody !!! that your friend quit -- since she apparently never learned what the role of a defense attorney is. ??? Hint: it has nothing to do with the client's guilt or innocence. !!! ??? ...


quote:

See … LOTS of accused/suspected persons are taken away in handcuffs, subjected to search, held in jail until bail is approved and paid -- all BEORE that person has been "proven guilty" of anything … !!! What's with that … ???

In a system of presumed REAL "innocence," no one would ever be forced to spend a night in jail, subjected to being handcuffed, etc., required to post bail, etc. … True … ???...

Really??? I had no idea ... [Roll Eyes] !!! Maybe ... I should watch more cop shows on TV???


There is provision in our legal system, with sufficient evidence, to hold someone to answer charges. ... And the person being held can challenge that -- it's called habeas corpus. !!! They can also challenge the legality of a search -- if the search was illegal, the evidence cannot be used in court. Right ... ??? In Canada, time in custody prior to conviction is counted double !!! towards the actual sentence because it really is a big deal to hold someone who hasn't (yet) been convicted of a crime. Really ...

Yes, it's complicated, isn't it … ???

NOBODY is "guilty" of a crime until a judge or jury makes that judgement … But that is a LEGAL decision, not a REAL one …

E.g., last July, Officer Scott Patrick (Mendota Heights PD, Minnesota) made a routine traffic stop … The driver of the stopped car, Brian Fitch, sprang out of his car and immediately shot the cop twice, then finished him off with a shot to the head execution style … He was captured shortly afterward following a pitched gun battle with police, went to trial, and THEN (and ONLY then) was found "guilty" …

But, see, even BEFORE he had been formally "charged" with anything, before he was arraigned before a magistrate, he was restrained and detained and arrested and jailed -- even though he had not (yet) been found "guilty" …

The entire legal/judicial system is very much about rules and process and procedures ("right"ly so) … But in the meantime, out on the streets, in our communities, there are some very *dicey* dangerous anti-social persons with whom the street cops rub shoulders every day ...

[ 15. April 2015, 01:39: Message edited by: Teilhard ]
 
Posted by Palimpsest (# 16772) on :
 
quote:
Originally posted by Teilhard:
[Some -- obviously not ALL -- licensed peace officers ARE adequately properly trained and supervised … Most police departments (by my own real world real life experience) do not operate as paramilitary commandos …

OTOH, there are far too many gun nuts in America who have too many guns and too much ammo … Our society is crazy ...

Some licensed peace officers are adequately trained and serve the community. Some aren't and through inexperience, lack of training or malice abuse their position of trust.

Unfortunately the former group tends to close ranks and protect the bad group.

As for not being paramilitary, your statement may have been partially true at one point. That was before the
Pentagon surplus war gear flows to police departments Nothing says paramilitary like owning armored trucks with large guns.

Your lame defense by blaming victims, claiming police get an out because your relative was killed by a criminal and the many other unconvincing arguments you've made on this trhead actually help demonstrate that police need thorough external civilian control. Otherwise law officers like you give a free pass to any policeman who kills someone when there's no justifiable reason. No one is saying that minor offences shouldn't lead to arrest. It's not necessary to shoot someone who is not harming anyone and if they escape, they can always be arrested another time.

As for the gun nuts, to my surprise we might actually agree on something. The U.S. has far too many guns floating around. Alas, the Bill of Rights has a special historical status in the amendments to the constitution. A number of the original states refused to join the United States before these were incorporated. That doesn't mean that the current ruling that a well regulated militia means anyone can buy guns, but we'll have to wait till the Supreme Court changes a great deal.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Palimpsest:
quote:
Originally posted by Teilhard:
[Some -- obviously not ALL -- licensed peace officers ARE adequately properly trained and supervised … Most police departments (by my own real world real life experience) do not operate as paramilitary commandos …

OTOH, there are far too many gun nuts in America who have too many guns and too much ammo … Our society is crazy ...

Some licensed peace officers are adequately trained and serve the community. Some aren't and through inexperience, lack of training or malice abuse their position of trust.

Unfortunately the former group tends to close ranks and protect the bad group.

As for not being paramilitary, your statement may have been partially true at one point. That was before the
Pentagon surplus war gear flows to police departments Nothing says paramilitary like owning armored trucks with large guns.

Your lame defense by blaming victims, claiming police get an out because your relative was killed by a criminal and the many other unconvincing arguments you've made on this trhead actually help demonstrate that police need thorough external civilian control. Otherwise law officers like you give a free pass to any policeman who kills someone when there's no justifiable reason. No one is saying that minor offences shouldn't lead to arrest. It's not necessary to shoot someone who is not harming anyone and if they escape, they can always be arrested another time.

As for the gun nuts, to my surprise we might actually agree on something. The U.S. has far too many guns floating around. Alas, the Bill of Rights has a special historical status in the amendments to the constitution. A number of the original states refused to join the United States before these were incorporated. That doesn't mean that the current ruling that a well regulated militia means anyone can buy guns, but we'll have to wait till the Supreme Court changes a great deal.

No, with very few exceptions, I NEVER "'blame' victims" … I do ALWAYS, however, try to "understand what happened, and why" …

In the case of that cop in South Carolina, e.g., I don't see how his shooting that fleeing guy in the back can be "defended" … and I have not tried to do so ...
But … OTOH, I also understand … clearly … the FACT … that the unfortunate guy running away almost certainly would still be alive today if only if only he had simply complied with lawful police commands … It's a mess … Sometimes life is like that …

But, again, in the Ferguson case, the kid was out of control, perpetrated a strong arm robbery of a convenience store (it's on videotape, and a store customer called *911*) … The kid shortly after attacked a police officer, tried to grab the officer's gun, then ran away, and then came back charging toward the officer … In THAT case, yes, the kid was entirely responsible for his own terrible fate …

It is ALWAYS about "cases," none of which is exactly totally precisely just like another case …

BTW, no, I am not a licensed peace officer … I am a graduate of the Corrections Academy (for nonuniform personnel) and served a couple years as a Chaplain in a super-max for adult male felons …
One of my brothers was a sheriff's deputy in California, one of my nephews currently serves as an officer in Minnesota, and one of my great uncles was a town marshall decades ago (murdered by a burglar) ...

[ 15. April 2015, 02:39: Message edited by: Teilhard ]
 
Posted by Dave W. (# 8765) on :
 
quote:
Originally posted by Teilhard:
But … OTOH, I also understand … clearly … the FACT … that the unfortunate guy running away almost certainly would still be alive today if only if only he had simply complied with lawful police commands … It's a mess … Sometimes life is like that …

You've now repeated this (or some version of it) eleven times in the last week. It seems typical of the law enforcement mentality that always tries to deflect blame for police brutality onto the victims.

Perhaps if Walter Scott had quietly sat in his car the cop wouldn't have shot an unarmed man in the back eight times. But cops have to deal with noncompliance all the time, and when one of them just decides to kill the man he stopped for a broken taillight, I think that cop's behavior is a much more serious problem than Scott's behavior.
 
Posted by RuthW (# 13) on :
 
Last time I checked, resisting arrest was not punishable with the death penalty. Neither was running away from cops.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Dave W.:
quote:
Originally posted by Teilhard:
But … OTOH, I also understand … clearly … the FACT … that the unfortunate guy running away almost certainly would still be alive today if only if only he had simply complied with lawful police commands … It's a mess … Sometimes life is like that …

You've now repeated this (or some version of it) eleven times in the last week. It seems typical of the law enforcement mentality that always tries to deflect blame for police brutality onto the victims.

Perhaps if Walter Scott had quietly sat in his car the cop wouldn't have shot an unarmed man in the back eight times. But cops have to deal with noncompliance all the time, and when one of them just decides to kill the man he stopped for a broken taillight, I think that cop's behavior is a much more serious problem than Scott's behavior.

(1) The cop should not have shot the guy …
(2) The guy should not have tried to run away ...
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by RuthW:
Last time I checked, resisting arrest was not punishable with the death penalty. Neither was running away from cops.

Nope … Nobody has made any such claim …

However, "resisting arrest" is a crime, as is "fleeing a police officer" … and either choice is ultimately really stupid ...
 
Posted by mdijon (# 8520) on :
 
(1) Those two things don't belong in the same list.
(2) There is no (2).
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by mdijon:
(1) Those two things don't belong in the same list.
(2) There is no (2).

There is more than one (1) fact in most cases, including this one ...
 
Posted by mdijon (# 8520) on :
 
You don't seem to get that you can't say "I of course deplore the shooting of an unarmed man in the back and planting evidence on them" and then follow up with "on the other hand it was daft that they ran away".

These might be two facts but putting them together in that way means something about how you connect those facts and apply them to a situation. We aren't dealing with fact salads of posts, the selection of facts is supposed to mean something.

It's like saying "I of course deplore wife-beating. On the other hand burnt toast isn't very nice".

These might be two reasonable facts to highlight in different contexts, but putting them together takes you somewhere very unreasonable.
 
Posted by Golden Key (# 1468) on :
 
quote:
Originally posted by Palimpsest:
As for the gun nuts, to my surprise we might actually agree on something. The U.S. has far too many guns floating around. Alas, the Bill of Rights has a special historical status in the amendments to the constitution.

Not just historical--scriptural or quasi-scriptural, depending on who you're talking to. (And they might not put it that way, but that's what it comes down to.)

A lot of people still have trouble accepting that the Founding Fathers had major personal flaws, let alone that they might have screwed up on the founding documents and principles.

We can't change America's mythology; but maybe, someday, we can start a new chapter.
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by Teilhard:
Yes … The UK" is not the "USA" … The nature of the society, the attitude toward police and government, etc., is different …

Which has bugger all to do with level of training being lower in the US.

quote:
Originally posted by Palimpsest:
Some licensed peace officers are adequately trained and serve the community. Some aren't and through inexperience, lack of training or malice abuse their position of trust.

Unfortunately the former group tends to close ranks and protect the bad group.

All groups tend to do this. It is human nature. It is worse amongst those who share threat.

quote:
Originally posted by Teilhard:

One of my brothers was a sheriff's deputy in California,

One of the problems in some California counties, is the deputies must serve in correctional facilities. This can lead to a warped perception of the public.
 
Posted by Golden Key (# 1468) on :
 
quote:
Originally posted by Palimpsest:
As for the gun nuts, to my surprise we might actually agree on something. The U.S. has far too many guns floating around. Alas, the Bill of Rights has a special historical status in the amendments to the constitution.

Not just historical--scriptural or quasi-scriptural, depending on who you're talking to. (And they might not put it that way, but that's what it comes down to.)

A lot of people still have trouble accepting that the Founding Fathers had major personal flaws, let alone that they might have screwed up on the founding documents and principles.

We can't change America's mythology; but maybe, someday, we can start a new chapter.
 
Posted by Enoch (# 14322) on :
 
quote:
Originally posted by Crœsos:
Although the U.S. Constitution has been amended on average every 12.6 years since ratification, including amendments that altered or even repealed previous amendments (I'm looking at you, Eighteenth Amendment!) to date no section of the Bill of Rights (the first ten amendments that were approved as a block in 1791) has ever been altered by a subsequent Constitutional Amendment. So while it's theoretically possible to alter or repeal the Second Amendment, most Americans would see it as opening a can of worms best left unopened.

I agree with Boogie. If that is really the case, then you have no alternative but to accept that quite a lot of random innocent people will get shot, killed. If policing has to assume that the other person has a gun, some of those random people will be shot by police men and women.

And yet this thread has now reached 27 pages. How?

As I said a few days ago
quote:
That's the price you all have to pay for your constitutional right to carry arms. End of story. Man up to it.

 
Posted by Golden Key (# 1468) on :
 
Enoch--

And what is it you think that we could do about it, that hasn't already been tried, and would work?
 
Posted by Enoch (# 14322) on :
 
I've no idea. I don't know how your system works from the inside. But however sacred a role the Constitution plays in the national imagination, I would have thought campaigning and action in season and out of season to change both the constitutional position on and the internalised obsession with guns, is a major priority.

It's not enough for this just to be an assumption shared by like-minded liberals.
 
Posted by Dave W. (# 8765) on :
 
Apparently even the initial traffic stop was BS - in South Carolina you're only required to have one working taillight.

But here's an added morsel of bitterness: the Supreme Court has already decided that ignorance of the law is perfectly excusable, if you're a cop.
 
Posted by Eliab (# 9153) on :
 
quote:
Originally posted by Teilhard:
In the case of that cop in South Carolina, e.g., I don't see how his shooting that fleeing guy in the back can be "defended" … and I have not tried to do so ...
But … OTOH, I also understand … clearly … the FACT … that the unfortunate guy running away almost certainly would still be alive today if only if only he had simply complied with lawful police commands … It's a mess … Sometimes life is like that …

If you aren't trying to excuse the shooting, at least in part, then what the hell is your repeated focus on the victim's actions intended to achieve? You seem to be arguing that it's all very unfortunate, but the police have to do a dangerous job, and sometimes split second decisions ('do I shoot this man in the back or not?') have to be made, and by running away this victim is equally culpable with the shooter. If not that, what are you arguing?

quote:
Originally posted by mdijon:
It's like saying "I of course deplore wife-beating. On the other hand burnt toast isn't very nice".

These might be two reasonable facts to highlight in different contexts, but putting them together takes you somewhere very unreasonable.

I think that makes the point very well.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by mdijon:
You don't seem to get that you can't say "I of course deplore the shooting of an unarmed man in the back and planting evidence on them" and then follow up with "on the other hand it was daft that they ran away".

These might be two facts but putting them together in that way means something about how you connect those facts and apply them to a situation. We aren't dealing with fact salads of posts, the selection of facts is supposed to mean something.

It's like saying "I of course deplore wife-beating. On the other hand burnt toast isn't very nice".

These might be two reasonable facts to highlight in different contexts, but putting them together takes you somewhere very unreasonable.

Every case is about both the "Law" and the "Facts" -- ALL of them ...
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Eliab:
quote:
Originally posted by Teilhard:
In the case of that cop in South Carolina, e.g., I don't see how his shooting that fleeing guy in the back can be "defended" … and I have not tried to do so ...
But … OTOH, I also understand … clearly … the FACT … that the unfortunate guy running away almost certainly would still be alive today if only if only he had simply complied with lawful police commands … It's a mess … Sometimes life is like that …

If you aren't trying to excuse the shooting, at least in part, then what the hell is your repeated focus on the victim's actions intended to achieve? You seem to be arguing that it's all very unfortunate, but the police have to do a dangerous job, and sometimes split second decisions ('do I shoot this man in the back or not?') have to be made, and by running away this victim is equally culpable with the shooter. If not that, what are you arguing?

quote:
Originally posted by mdijon:
It's like saying "I of course deplore wife-beating. On the other hand burnt toast isn't very nice".

These might be two reasonable facts to highlight in different contexts, but putting them together takes you somewhere very unreasonable.

I think that makes the point very well.

You seem to offer a potential different situation that day, with the cop shooting the guy in the back while the guy was sitting peacefully in the driver's seat ...
 
Posted by mdijon (# 8520) on :
 
No, I don't see that. Saying cases are about facts is like saying sentences are about words. Of course they are, but the way the words are joined together means something more than the sum of the words.

Likewise they way you keep linking two particular facts in this case says something. But I've already tried explaining that and you've sailed past it - I can't make it any clearer.

The point is that faced with the two facts the appropriate first societal response is "My God how do we stop cops shooting people in the back and planting evidence on them" not "My God we need to invest in public education to stop them running from cops".
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by mdijon:
No, I don't see that. Saying cases are about facts is like saying sentences are about words. Of course they are, but the way the words are joined together means something more than the sum of the words.

Likewise they way you keep linking two particular facts in this case says something. But I've already tried explaining that and you've sailed past it - I can't make it any clearer.

The point is that faced with the two facts the appropriate first societal response is "My God how do we stop cops shooting people in the back and planting evidence on them" not "My God we need to invest in public education to stop them running from cops".

Taking into account ALL of the facts of this -- and similar cases -- it is indeed obvious that this is a deeply rooted serious SET of problems that will not be solved easily or in a short time ...
 
Posted by Eliab (# 9153) on :
 
quote:
Originally posted by Teilhard:
You seem to offer a potential different situation that day, with the cop shooting the guy in the back while the guy was sitting peacefully in the driver's seat ...

I now have no idea what you are talking about. The victim wasn't shot in the driving seat, he was shot while running away. I haven't suggested anything different.

I am arguing that running away from a police officer in a way that does not threaten anyone cannot reasonably be deemed a contribution to one's subsequent murder. It might be wrong and dumb considered on its own, but it is in no way a relevant factor in assessing moral responsibility for a fatal shooting.

Are you able to answer my question about what you are arguing?
 
Posted by romanlion (# 10325) on :
 
quote:
Originally posted by Dave W.:
...in South Carolina you're only required to have one working taillight.

Incorrect. One brake light is acceptable if that is all your car has. If your car has three, they must all work.

[ 16. April 2015, 00:05: Message edited by: romanlion ]
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Eliab:
quote:
Originally posted by Teilhard:
You seem to offer a potential different situation that day, with the cop shooting the guy in the back while the guy was sitting peacefully in the driver's seat ...

I now have no idea what you are talking about. The victim wasn't shot in the driving seat, he was shot while running away. I haven't suggested anything different.

I am arguing that running away from a police officer in a way that does not threaten anyone cannot reasonably be deemed a contribution to one's subsequent murder. It might be wrong and dumb considered on its own, but it is in no way a relevant factor in assessing moral responsibility for a fatal shooting.

Are you able to answer my question about what you are arguing?


 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Teilhard:
quote:
Originally posted by Eliab:
quote:
Originally posted by Teilhard:
You seem to offer a potential different situation that day, with the cop shooting the guy in the back while the guy was sitting peacefully in the driver's seat ...

I now have no idea what you are talking about. The victim wasn't shot in the driving seat, he was shot while running away. I haven't suggested anything different.

I am arguing that running away from a police officer in a way that does not threaten anyone cannot reasonably be deemed a contribution to one's subsequent murder. It might be wrong and dumb considered on its own, but it is in no way a relevant factor in assessing moral responsibility for a fatal shooting.

Are you able to answer my question about what you are arguing?


The cop had in that case both moral and legal responsibility NOT to shoot the guy in the back … PERIOD ...

The guy running away in that case had indeed both legal and moral responsibility to OBEY a police officer's lawful commands … PERIOD ...
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by romanlion:
quote:
Originally posted by Dave W.:
...in South Carolina you're only required to have one working taillight.

Incorrect. One brake light is acceptable if that is all your car has. If your car has three, they must all work.
I have been a licensed driver for now nearly fifty years and I have more than once been pulled over by an officer, to inform me that I had an important light *out* … It is an important public safety matter … (I'm a *white* guy, BTW …)
 
Posted by Dave W. (# 8765) on :
 
quote:
Originally posted by romanlion:
quote:
Originally posted by Dave W.:
...in South Carolina you're only required to have one working taillight.

Incorrect. One brake light is acceptable if that is all your car has. If your car has three, they must all work.
You didn't follow the link, did you?

According to the Court of Appeals of South Carolina (The STATE, Appellant, v. Naim JIHAD, Respondent), one functioning "stop lamp" is sufficient:
quote:
The State argues that because Jihad's vehicle featured two “stop lamps,” the statutory provisions regarding vehicle safety mandate that both lamps be “maintained in good working order.”   We disagree.
[...]
There is no dispute that Jihad's vehicle had at least one brake light (on the left side) in good working condition at the time the officer effected the stop.   Because we find the statutory scheme mandates only one functioning “stop lamp,” in this instance Jihad's vehicle was in full compliance with all statutory requirements regarding rear vehicle lights.   Since neither Jihad's driving nor his vehicle transgressed any traffic law, the patrolman's stop was unreasonable.

quote:
Originally posted by Teilhard:
The cop had in that case both moral and legal responsibility NOT to shoot the guy in the back … PERIOD ...

The guy running away in that case had indeed both legal and moral responsibility to OBEY a police officer's lawful commands … PERIOD ...

This parallel construction suggests you think disobeying a cop is somehow equivalent in seriousness to murder.
 
Posted by Golden Key (# 1468) on :
 
Teilhard--

Are you saying that the police officer and the man who ran are equally responsible for what happened?
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Golden Key:
Teilhard--

Are you saying that the police officer and the man who ran are equally responsible for what happened?

No … I'm saying that it was a MESS, all around …

… and that every citizen -- sworn officer or ordinary citizen -- has DUTIES to fulfill … When ever a citizen -- ordinary "Joe Blow" or Constable on Patrol -- fails to fulfill those DUTIES, there is potential for a MESS ...

[ 16. April 2015, 03:41: Message edited by: Teilhard ]
 
Posted by mdijon (# 8520) on :
 
quote:
Originally posted by Golden Key:
Teilhard--

Are you saying that the police officer and the man who ran are equally responsible for what happened?

quote:
Originally posted by Teilhard:
No … I'm saying that it was a MESS, all around …

If the first answer to the question about equal responsibility was no, then which party do you think was most responsible?
 
Posted by romanlion (# 10325) on :
 
quote:
Originally posted by Dave W.:
quote:
Originally posted by romanlion:
quote:
Originally posted by Dave W.:
...in South Carolina you're only required to have one working taillight.

Incorrect. One brake light is acceptable if that is all your car has. If your car has three, they must all work.
You didn't follow the link, did you?


Sure I did.

You didn't follow the case to
it's conclusion did you?

"JUSTICE MOORE: We granted a writ of certiorari in this case (1) and now address the sole issue whether driving a vehicle with a non-functioning brake light supports a traffic stop. We find it does and reverse."
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by mdijon:
quote:
Originally posted by Golden Key:
Teilhard--

Are you saying that the police officer and the man who ran are equally responsible for what happened?

quote:
Originally posted by Teilhard:
No … I'm saying that it was a MESS, all around …

If the first answer to the question about equal responsibility was no, then which party do you think was most responsible?

If the unfortunate guy had not initiated a crisis by fleeing a police officer (a serious crime) he almost certainly would be alive today …

If the officer had not shot the guy he would almost certainly still be alive today …

It was a MESS ...
 
Posted by romanlion (# 10325) on :
 
quote:
Originally posted by Teilhard:
If the unfortunate guy had not initiated a crisis by fleeing a police officer (a serious crime) he almost certainly would be alive today …

Also assaulted the officer (a very serious crime) and likely shot him with his own taser. Probably attempted murder with regard to a police officer.

No way this cop gets convicted of murder.

[ 16. April 2015, 12:05: Message edited by: romanlion ]
 
Posted by Dave W. (# 8765) on :
 
quote:
Originally posted by romanlion:
quote:
Originally posted by Dave W.:
quote:
Originally posted by romanlion:
quote:
Originally posted by Dave W.:
...in South Carolina you're only required to have one working taillight.

Incorrect. One brake light is acceptable if that is all your car has. If your car has three, they must all work.
You didn't follow the link, did you?


Sure I did.

You didn't follow the case to
it's conclusion did you?

"JUSTICE MOORE: We granted a writ of certiorari in this case (1) and now address the sole issue whether driving a vehicle with a non-functioning brake light supports a traffic stop. We find it does and reverse."

You're right, I wasn't aware the appeals court ruling had been reversed. Thanks for the link.
 
Posted by Eliab (# 9153) on :
 
quote:
Originally posted by Teilhard:
The cop had in that case both moral and legal responsibility NOT to shoot the guy in the back … PERIOD ...

The guy running away in that case had indeed both legal and moral responsibility to OBEY a police officer's lawful commands … PERIOD ...

OK, then why associate the two statements? What point are you trying to make by supplementing the first with the second?

For any crime/accident/event you could potentially come up with a long list of "it wouldn't have happened unless..." facts. Normally we don't bother to mention them unless they are relevant to some specific point. When we're talking about crime, we're usually talking about moral relevance. As in mdijon's domestic violence example, it may be perfectly true that the victim would not have been assaulted if she hadn't burnt the toast, and possibly even true that she only burnt the toast because she was careless, but a a general rule we do not think those facts worth mentioning, because they are morally irrelevant. They do not in any way lessen our indignation against the attacker. Even a culinary fanatic, who considered it morally obligatory for wives (and husbands) to apply themselves assiduously to the proper toasting of bread would have the sense and tact to shut up about it in such a case, lest he be suspected of condoning such despicable conduct. It is a morally irrelevant fact. It has no bearing at all on the important point that domestic violence is wrong.

I'm arguing that an attempt, however unlawful or foolish, to avoid arrest by running, where there is no reason to think anyone is being put at risk, is a morally irrelevant fact to the question of police shooting. It simply has no bearing on whether the cop was right to gun down a citizen. It belongs in the "he looked at me funny" category of provocations which no reasonable person would see as affording any excuse whatsoever for lethal violence.

You seem to be repeatedly insisting it is an important point that needs to be made that this man was wrong to run away. Why?
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by romanlion:
quote:
Originally posted by Teilhard:
If the unfortunate guy had not initiated a crisis by fleeing a police officer (a serious crime) he almost certainly would be alive today …

Also assaulted the officer (a very serious crime) and likely shot him with his own taser. Probably attempted murder with regard to a police officer.

No way this cop gets convicted of murder.

Yes … The (sensational) news stories thus far have still not yet reported ALL of the facts (which ARE important, yes ???) … What about the taser struggle … ???

That officer on the scene did not have the luxury of spending hours or days, viewing videotapes repeatedly from various angles before deciding what, if anything, to do then and there …

In retrospect it does appear obvious that shooting the guy was wrong … AND it was immediately also obvious that running away from the officer was both criminal and as it turned out, tragically stupid ...
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Eliab:
quote:
Originally posted by Teilhard:
The cop had in that case both moral and legal responsibility NOT to shoot the guy in the back … PERIOD ...

The guy running away in that case had indeed both legal and moral responsibility to OBEY a police officer's lawful commands … PERIOD ...

OK, then why associate the two statements? What point are you trying to make by supplementing the first with the second?

For any crime/accident/event you could potentially come up with a long list of "it wouldn't have happened unless..." facts. Normally we don't bother to mention them unless they are relevant to some specific point. When we're talking about crime, we're usually talking about moral relevance. As in mdijon's domestic violence example, it may be perfectly true that the victim would not have been assaulted if she hadn't burnt the toast, and possibly even true that she only burnt the toast because she was careless, but a a general rule we do not think those facts worth mentioning, because they are morally irrelevant. They do not in any way lessen our indignation against the attacker. Even a culinary fanatic, who considered it morally obligatory for wives (and husbands) to apply themselves assiduously to the proper toasting of bread would have the sense and tact to shut up about it in such a case, lest he be suspected of condoning such despicable conduct. It is a morally irrelevant fact. It has no bearing at all on the important point that domestic violence is wrong.

I'm arguing that an attempt, however unlawful or foolish, to avoid arrest by running, where there is no reason to think anyone is being put at risk, is a morally irrelevant fact to the question of police shooting. It simply has no bearing on whether the cop was right to gun down a citizen. It belongs in the "he looked at me funny" category of provocations which no reasonable person would see as affording any excuse whatsoever for lethal violence.

You seem to be repeatedly insisting it is an important point that needs to be made that this man was wrong to run away. Why?

I "associate" those two statements of fact because (1) they are central to the case, and, (2) they are both TRUE …

But indeed, a question of "burned toast" or "a funny look" has nothing to do with this case, does it … ???

[ 16. April 2015, 13:14: Message edited by: Teilhard ]
 
Posted by romanlion (# 10325) on :
 
quote:
Originally posted by Teilhard:
quote:
Originally posted by romanlion:
quote:
Originally posted by Teilhard:
If the unfortunate guy had not initiated a crisis by fleeing a police officer (a serious crime) he almost certainly would be alive today …

Also assaulted the officer (a very serious crime) and likely shot him with his own taser. Probably attempted murder with regard to a police officer.

No way this cop gets convicted of murder.

Yes … The (sensational) news stories thus far have still not yet reported ALL of the facts (which ARE important, yes ???) … What about the taser struggle … ???

Well The Sharpton Gazette and it's ilk are not interested in ALL the facts, only the ones that generate revenue for them.

The video makes a couple of things clear other than the shooting itself.

The two men are on the ground when the video starts, and Scott (green shirt) is clearly on top. Another eyewitness indicated that this was the second tussle, the first having occurred a hundred yards or so earlier in the foot chase.

The taser barbs are connected to the officer, one in his torso and one in (or around) his leg. When Scott starts to move away from the officer you can see that he is pulling the taser wires with him, inadvertently or not.

Even before the stupid decision to flee, assault a cop, and shoot him with a taser, Mr. Scott made another stupid decision to buy a used Mercedes missing a brake light rather than catch up on his child support.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by romanlion:
quote:
Originally posted by Teilhard:
quote:
Originally posted by romanlion:
quote:
Originally posted by Teilhard:
If the unfortunate guy had not initiated a crisis by fleeing a police officer (a serious crime) he almost certainly would be alive today …

Also assaulted the officer (a very serious crime) and likely shot him with his own taser. Probably attempted murder with regard to a police officer.

No way this cop gets convicted of murder.

Yes … The (sensational) news stories thus far have still not yet reported ALL of the facts (which ARE important, yes ???) … What about the taser struggle … ???

Well The Sharpton Gazette and it's ilk are not interested in ALL the facts, only the ones that generate revenue for them.

The video makes a couple of things clear other than the shooting itself.

The two men are on the ground when the video starts, and Scott (green shirt) is clearly on top. Another eyewitness indicated that this was the second tussle, the first having occurred a hundred yards or so earlier in the foot chase.

The taser barbs are connected to the officer, one in his torso and one in (or around) his leg. When Scott starts to move away from the officer you can see that he is pulling the taser wires with him, inadvertently or not.

Even before the stupid decision to flee, assault a cop, and shoot him with a taser, Mr. Scott made another stupid decision to buy a used Mercedes missing a brake light rather than catch up on his child support.

So … In fact … The story isn't about a vicious racist homicidal cop shooting an innocent dark-skinned angel for sport, is it … ???

It's a good bit more complicated than that ...

[ 16. April 2015, 13:31: Message edited by: Teilhard ]
 
Posted by Leaf (# 14169) on :
 
quote:
Originally posted by Teilhard:
I "associate" those two statements of fact because (1) they are central to the case, and, (2) they are both TRUE …

But indeed, a question of "burned toast" or "a funny look" has nothing to do with this case, does it … ???

How about this for a more clear analogy:

You, Teilhard, dented my car.
I shot you.
I shouldn't have shot you, but then again, you dented my car.

This is the question of moral relevance that Eliab is raising. Repeating the statement "but he dented my car" is unlikely to be perceived as a morally relevant fact to anyone but me.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Leaf:
quote:
Originally posted by Teilhard:
I "associate" those two statements of fact because (1) they are central to the case, and, (2) they are both TRUE …

But indeed, a question of "burned toast" or "a funny look" has nothing to do with this case, does it … ???

How about this for a more clear analogy:

You, Teilhard, dented my car.
I shot you.
I shouldn't have shot you, but then again, you dented my car.

This is the question of moral relevance that Eliab is raising. Repeating the statement "but he dented my car" is unlikely to be perceived as a morally relevant fact to anyone but me.

Except … "Fleeing a police officer" is not the legal or moral equivalent of "you dented my car" ...
 
Posted by romanlion (# 10325) on :
 
quote:
Originally posted by Teilhard:
Except … "Fleeing a police officer" is not the legal or moral equivalent of "you dented my car" ...

Nor is "you assaulted me and shot me with a taser."
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by Teilhard:
If the unfortunate guy had not initiated a crisis by fleeing a police officer (a serious crime) he almost certainly would be alive today …

That assumes quite a lot, doesn't it? Patrolman Slager's traffic stop was almost certainly pretextual, an excuse for an "investigatory stop". Mr. Scott seems to have reached the conclusion that Patrolman Slager did not feel particularly bound by either the law or common police practice (a view amply demonstrated as correct by the later video). So why exactly does a police officer who is willing to shoot a fleeing suspect in the back, plant evidence, and lie to his own superiors about the incident get the benefit of the doubt when it comes to good behavior and following recommended procedure? It seems just as plausible to argue that Officer Slager might have found some other pretextual justification for assaulting or otherwise harming Mr. Scott. Patrolman Slager's actions are not ones that inspire your obvious assumption of his strict adherence to the law and police procedure.

quote:
Originally posted by Teilhard:
I have more than once been pulled over by an officer, to inform me that I had an important light *out* … It is an important public safety matter …

But discharging a firearm eight times in an urban area? I'm guessing that pales in comparison with the hazards of a broken tail light. [Roll Eyes]
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by romanlion:
quote:
Originally posted by Teilhard:
Except … "Fleeing a police officer" is not the legal or moral equivalent of "you dented my car" ...

Nor is "you assaulted me and shot me with a taser."
If indeed it is established that the guy assaulted the police officer, grabbed his taser, and used it or tried to use it on the officer, that certainly is not anything like, "You dented my car … !!!"

Again … "Fleeing a police officer" is a CRIME … "Resisting arrest" is a CRIME ...
 
Posted by Leaf (# 14169) on :
 
quote:
Originally posted by Teilhard:
Except … "Fleeing a police officer" is not the legal or moral equivalent of "you dented my car" ...

One problem here is, broadly speaking, the inability to empathize. No doubt you can imagine yourself denting someone's car - a stupid, careless thing to do that you ought not to have done. You probably don't think you deserve to die for it, though.

Another problem is the acquired taste for the use of deadly force, but that has been raised on this thread already.

[ 16. April 2015, 14:43: Message edited by: Leaf ]
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by Teilhard:
quote:
Originally posted by romanlion:
quote:
Originally posted by Teilhard:
Except … "Fleeing a police officer" is not the legal or moral equivalent of "you dented my car" ...

Nor is "you assaulted me and shot me with a taser."
If indeed it is established that the guy assaulted the police officer, grabbed his taser, and used it or tried to use it on the officer, that certainly is not anything like, "You dented my car … !!!"

Again … "Fleeing a police officer" is a CRIME … "Resisting arrest" is a CRIME ...

Doesn't fucking matter. Scott was the furthest thing from being a danger when he was shot.
 
Posted by Dave W. (# 8765) on :
 
quote:
Originally posted by romanlion:
quote:
Originally posted by Teilhard:
Except … "Fleeing a police officer" is not the legal or moral equivalent of "you dented my car" ...

Nor is "you assaulted me and shot me with a taser."
Evidence?
 
Posted by Golden Key (# 1468) on :
 
A few things:

--Teilhard: If the officer had simply waited for backup, rather than giving chase on his own, there wouldn't have been any need to shoot.

--I wonder if this was a "driving while black/brown" situation. Black and brown male drivers are often stopped for the "crime" of having a nice car, or driving through the "wrong" neighborhood, or just because. I don't know what kind of shape the car was in; but dark skin plus Mercedes might have been enough.

--Re buying used Mercedes rather than paying child support: I don't know his situation. But maybe he simply needed a way to get to work, and his friend had a car for sale.
 
Posted by Amanda B. Reckondwythe (# 5521) on :
 
And now we have police deliberately running over a suspect with their patrol car.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Amanda B. Reckondwythe:
And now we have police deliberately running over a suspect with their patrol car.

Yes … The officer did what he had to do fir public safety …
The guy was arms with a stolen rifle and had already fired a shot …
Whether he was severely mentally ill or just flat out evil matters not when he was in a residential neighborhood with a rifle … The cop did the necessary thing ...
 
Posted by romanlion (# 10325) on :
 
quote:
Originally posted by Dave W.:
quote:
Originally posted by romanlion:
quote:
Originally posted by Teilhard:
Except … "Fleeing a police officer" is not the legal or moral equivalent of "you dented my car" ...

Nor is "you assaulted me and shot me with a taser."
Evidence?
As I said earlier, in the video you can see Mr. Scott on top of the officer on the ground. You can also see him holding the officer by the forearm after they get up. That is assault.

There is also an eyewitness who described an earlier physical clash between the two men nearer to where the chase began.

You can also see the taser barbs attached to the officer, and the wires extending from him towards Mr. Scott.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by lilBuddha:
quote:
Originally posted by Teilhard:
quote:
Originally posted by romanlion:
quote:
Originally posted by Teilhard:
Except … "Fleeing a police officer" is not the legal or moral equivalent of "you dented my car" ...

Nor is "you assaulted me and shot me with a taser."
If indeed it is established that the guy assaulted the police officer, grabbed his taser, and used it or tried to use it on the officer, that certainly is not anything like, "You dented my car … !!!"

Again … "Fleeing a police officer" is a CRIME … "Resisting arrest" is a CRIME ...

Doesn't fucking matter. Scott was the furthest thing from being a danger when he was shot.
Since the guy ran away, the officer had no opportunity to "pat" him down … Was the guy armed -- or not … ??? … Not being a "god" or equipped with x-ray vision, the officer had no way of knowing …

But again … If only if only the guy had simply peacefully lawfully wisely remained in the vehicle -- as lawfully commanded by a licensed peace officer -- he almost certainly would still be alive today ...
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by Teilhard :
In the case of that cop in South Carolina, e.g., I don't see how his shooting that fleeing guy in the back can be "defended" … and I have not tried to do so ...

But, after a day-and-half struggle, you've managed to find a way!

quote:
Originally posted by Teilhard:
Since the guy ran away, the officer had no opportunity to "pat" him down … Was the guy armed -- or not … ??? … Not being a "god" or equipped with x-ray vision, the officer had no way of knowing …

Is this similar to the way it was perfectly logical for Patrolman Slager to assume Mr. Scott had a teenager's corpse in his trunk? After all, he was a black man with a broken tail light. Doesn't that make it practically a foregone conclusion? Mr. Scott should be posthumously ashamed for not coming through on this. [/sarcasm]

[ 16. April 2015, 17:11: Message edited by: Crœsos ]
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Crœsos:
quote:
Originally posted by Teilhard :
In the case of that cop in South Carolina, e.g., I don't see how his shooting that fleeing guy in the back can be "defended" … and I have not tried to do so ...

But, after a day-and-half struggle, you've managed to find a way!

quote:
Originally posted by Teilhard:
Since the guy ran away, the officer had no opportunity to "pat" him down … Was the guy armed -- or not … ??? … Not being a "god" or equipped with x-ray vision, the officer had no way of knowing …

Is this similar to the way it was perfectly logical for Patrolman Slager to assume Mr. Scott had a teenager's corpse in his trunk? After all, he was a black man with a broken tail light. Doesn't that make it practically a foregone conclusion? Mr. Scott should be posthumously ashamed for not coming through on this. [/sarcasm]

*sigh* … If the guy had simply obeyed the law, we wouldn't be having this conversation -- would we … ???
 
Posted by Eutychus (# 3081) on :
 
quote:
Originally posted by Teilhard:
*sigh* … If the guy had simply obeyed the law, we wouldn't be having this conversation -- would we … ???

That is not the point.

The point is:

a) whether police response to a situation is proportionate

b) whether police response to a situation is racially biased.

That is all.
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by Teilhard:
*sigh* … If the guy had simply obeyed the law, we wouldn't be having this conversation -- would we … ???

Which "guy" are we talking about here? The dead one or the one charged with murder?

If you mean Mr. Scott, as I pointed out earlier you seem to be assuming Patrolman Slager would exhibit a respect for both the law and police procedure that is not otherwise shown by him. Although not certain, it doesn't seem impossible that Patrolman Slager might have found some other way to harm Mr. Scott. Given the obviously pretextual nature of the stop and since Mr. Scott wasn't a god . . . or does that line of reasoning only apply to the police?

If you mean Patrolman Slager, then yes, if he hadn't (allegedly) murdered someone we likely wouldn't be having this conversation.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Eutychus:
quote:
Originally posted by Teilhard:
*sigh* … If the guy had simply obeyed the law, we wouldn't be having this conversation -- would we … ???

That is not the point.

The point is:

a) whether police response to a situation is proportionate

b) whether police response to a situation is racially biased.

That is all.

No … In this case, THIS case is "the point" …
Yes, it does include questions of "racial bias" and proper appropriate police procedures …

But, okay, turn it around, then …
OTOH, are you suggesting that a *white* cop must give extra "slack" to a *black* guy just because the cop is *white* and the guy is *black* … ??? Really … ??? Is that what you're implying … ???
 
Posted by Crœsos (# 238) on :
 
You seem not to understand the meaning of the term "racial bias". Or at least you seem to think that Eutychus' questioning of the possibility of racial bias in this case is a backhanded way of advocating a different form of racial bias. I'm not sure how you got from questions of racial bias in this case to the idea that questioning racial bias means advocating a different form of racial bias. Could you explain how you leaped to this conclusion?
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by Teilhard:
Since the guy ran away, the officer had no opportunity to "pat" him down … Was the guy armed -- or not … ??? … Not being a "god" or equipped with x-ray vision, the officer had no way of knowing …

But again … If only if only the guy had simply peacefully lawfully wisely remained in the vehicle -- as lawfully commanded by a licensed peace officer -- he almost certainly would still be alive today ...

Once again, by you logic, police should begin every encounter by shooting first and questioning those who chanced to survive.
 
Posted by romanlion (# 10325) on :
 
quote:
Originally posted by lilBuddha:
Scott was the furthest thing from being a danger when he was shot.

It would appear that Mr. Scott was a fleeing felon, and as such was subject to the use of deadly force.

On the bright side his kids will probably get some subsistence out of their Dad for a change.
 
Posted by Eutychus (# 3081) on :
 
quote:
Originally posted by Teilhard:
But, okay, turn it around, then …
OTOH, are you suggesting that a *white* cop must give extra "slack" to a *black* guy just because the cop is *white* and the guy is *black* … ??? Really … ??? Is that what you're implying … ???

How on earth you get there from what I said is beyond me.

I'm also wondering what you learned in your years as a prison chaplain.

What I've learned from mine that's relevant to this case is that a) racial bias in a judicial system appears almost ubiquitous b) not everybody has the same spontaneous reaction to a cop car as you or I might do.

I'm not totally sure of all the details in this case, but from similar cases I know of I suspect that Scott was a well-known figure around town, if only for not paying maintenance, and so the cop looked for any excuse to pull him over. A much easier target for swaggering in front of than, say, the mayor's wife.

I also know a good few people whose first instinct when faced with a cop is to run. Cops to them don't spell help or due process. They spell trouble, harrassment, twisting your testimony, and violence - perhaps violence they witnessed as a kid.

This cop's response was disproportionate and unjustified - and exacerbated, most likely, by the colour of the victim.
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by romanlion:
quote:
Originally posted by lilBuddha:
Scott was the furthest thing from being a danger when he was shot.

It would appear that Mr. Scott was a fleeing felon, and as such was subject to the use of deadly force.
You usae an article which doesn't even meet Wikipedia's standards?
If that article is accurate, it is fucked up. Especially given that writing bad cheques can be a felony.
quote:
Originally posted by romanlion:

On the bright side his kids will probably get some subsistence out of their Dad for a change.

This would not be funny even if it were not stupid. It hardly takes more than two functioning brain cells to understand there are situations in which the failure to pay child support is by circumstance, rather than intent.
But, perhaps, you think being poor is sufficient cause to be killed?
 
Posted by Golden Key (# 1468) on :
 
romanlion--

Re fleeing felon rule:

Did you read that? Starting at "US Case Law"? There was a court case--Tennessee v. Garner:

quote:
Under U.S. law the fleeing felon rule was limited in 1985 to non-lethal force in most cases by Tennessee v. Garner, 471 U.S. 1. The justices held that deadly force "may not be used unless necessary to prevent the escape and the officer has probable cause to believe that the suspect poses a significant threat of death or serious bodily harm to the officer or others."[2]
(Emphasis mine.)
 
Posted by lilBuddha (# 14333) on :
 
Silly Golden Key. [Disappointed]
Reading is for comprehension, not rhetoric.
 
Posted by Barnabas62 (# 9110) on :
 
Yes, I found that. I don't think police get a free pass to use deadly force against any fleeing felon. That certainly was not the intention in the landmark Supreme Court ruling.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Crœsos:
You seem not to understand the meaning of the term "racial bias". Or at least you seem to think that Eutychus' questioning of the possibility of racial bias in this case is a backhanded way of advocating a different form of racial bias. I'm not sure how you got from questions of racial bias in this case to the idea that questioning racial bias means advocating a different form of racial bias. Could you explain how you leaped to this conclusion?

I'm not making any claims of "racial bias" … Others are doing so …
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by lilBuddha:
quote:
Originally posted by Teilhard:
Since the guy ran away, the officer had no opportunity to "pat" him down … Was the guy armed -- or not … ??? … Not being a "god" or equipped with x-ray vision, the officer had no way of knowing …

But again … If only if only the guy had simply peacefully lawfully wisely remained in the vehicle -- as lawfully commanded by a licensed peace officer -- he almost certainly would still be alive today ...

Once again, by you logic, police should begin every encounter by shooting first and questioning those who chanced to survive.
No … The "logic" -- which has been affirmed by SCOTUS rulings -- is that a police officer is allowed to take reasonable steps to ensure her/his personal safety during any kind of "stop" or detention, including a "pat down" for weapons …

Until that "pat down" is accomplished, the officer has no way of knowing if a person is armed or not … and if/when a person attempts to run away or otherwise resist arrest (actively tries to AVOID being "patted down") the officer has a right -- a DUTY -- to attempt to take the person into custody …

Again … If that guy had simply followed lawful police commands, he almost certainly would be alive today …

Or … Are you suggesting that it is perfectly reasonable for a person to run away, resist arrest, etc. … ???

Otherwise, what … ??? Maybe all every police patrol could be performed by an entire squad of officers in two or three cars in formation, such that nobody would ever consider trying to make a break for it … ??? (no need to "call for back-up when the "back-up" is already there … ???) ...
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Eutychus:
quote:
Originally posted by Teilhard:
But, okay, turn it around, then …
OTOH, are you suggesting that a *white* cop must give extra "slack" to a *black* guy just because the cop is *white* and the guy is *black* … ??? Really … ??? Is that what you're implying … ???

How on earth you get there from what I said is beyond me.

I'm also wondering what you learned in your years as a prison chaplain.

What I've learned from mine that's relevant to this case is that a) racial bias in a judicial system appears almost ubiquitous b) not everybody has the same spontaneous reaction to a cop car as you or I might do.

I'm not totally sure of all the details in this case, but from similar cases I know of I suspect that Scott was a well-known figure around town, if only for not paying maintenance, and so the cop looked for any excuse to pull him over. A much easier target for swaggering in front of than, say, the mayor's wife.

I also know a good few people whose first instinct when faced with a cop is to run. Cops to them don't spell help or due process. They spell trouble, harrassment, twisting your testimony, and violence - perhaps violence they witnessed as a kid.

This cop's response was disproportionate and unjustified - and exacerbated, most likely, by the colour of the victim.

" … the mayor's wife … " … ???

What … ???


But in any case, (A) I have NOT approved of nor defended the officer's act of shooting the guy in the back … Hello …???
AND (B) I do not approve or defend the guy having resisted arrest, either …

What about either (A) or (B) is unclear … ???
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by Teilhard:
But in any case, (A) I have NOT approved of nor defended the officer's act of shooting the guy in the back … Hello …???
AND (B) I do not approve or defend the guy having resisted arrest, either …

What about either (A) or (B) is unclear … ???

The part where this doesn't count as "approv[ing]" or "defend[ing]" the shooting.

quote:
Originally posted by Teilhard:
Since the guy ran away, the officer had no opportunity to "pat" him down … Was the guy armed -- or not … ??? … Not being a "god" or equipped with x-ray vision, the officer had no way of knowing …


 
Posted by romanlion (# 10325) on :
 
quote:
Originally posted by Golden Key:
romanlion--

Re fleeing felon rule:

Did you read that? Starting at "US Case Law"? There was a court case--Tennessee v. Garner:

quote:
Under U.S. law the fleeing felon rule was limited in 1985 to non-lethal force in most cases by Tennessee v. Garner, 471 U.S. 1. The justices held that deadly force "may not be used unless necessary to prevent the escape and the officer has probable cause to believe that the suspect poses a significant threat of death or serious bodily harm to the officer or others."[2]
(Emphasis mine.)
I like your emphasis, because a police officer who has just been assaulted, likely twice, and then tased, is going to have little difficulty convincing people that there was probable cause to believe that the suspect posed a significant threat of death or serious bodily harm to himself or others.

In which case, deadly force was appropriate.

It's all on the video. Watch it again if you need to.
 
Posted by lilBuddha (# 14333) on :
 
1st, I've watched the video on a 27" monitor. I cannot see any assault. The video is not clear until just before the cop pulls his weapon.
2nd, as soon as the threat is over, justification for shooting is as well. So, even if Scott had assaulted the officer, as long as he was running away, he was not a threat.
I suppose the California man who was beaten, kicked and repeatedly tased after he laid on the ground and put his hands behind his back was a threat.
And
sign-language is a threat? I did a google search on Hawthorne, California and if police there do not know gang sign from sign language, they ought turn in their badges. Not sure how any signs, gang or otherwise could be interpreted as assault.
 
Posted by mdijon (# 8520) on :
 
quote:
Originally posted by Golden Key:
Teilhard--

Are you saying that the police officer and the man who ran are equally responsible for what happened?

quote:
Originally posted by Teilhard:
No … I'm saying that it was a MESS, all around …

quote:
Originally posted by mdijon:
If the first answer to the question about equal responsibility was no, then which party do you think was most responsible?

quote:
Originally posted by Teilhard:
If the unfortunate guy had not initiated a crisis by fleeing a police officer (a serious crime) he almost certainly would be alive today …

If the officer had not shot the guy he would almost certainly still be alive today …

It was a MESS ...

You said no it wasn't equal. There are therefore two options - either the police officer or the unfortunate guy. If you can't bring yourself to answer that tells you something.

[ 16. April 2015, 21:44: Message edited by: mdijon ]
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by mdijon:
quote:
Originally posted by Golden Key:
Teilhard--

Are you saying that the police officer and the man who ran are equally responsible for what happened?

quote:
Originally posted by Teilhard:
No … I'm saying that it was a MESS, all around …

quote:
Originally posted by mdijon:
If the first answer to the question about equal responsibility was no, then which party do you think was most responsible?

quote:
Originally posted by Teilhard:
If the unfortunate guy had not initiated a crisis by fleeing a police officer (a serious crime) he almost certainly would be alive today …

If the officer had not shot the guy he would almost certainly still be alive today …

It was a MESS ...

You said no it wasn't equal. There are therefore two options - either the police officer or the unfortunate guy. If you can't bring yourself to answer that tells you something.

Yes … It was a … M-E-S-S ...
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Crœsos:
quote:
Originally posted by Teilhard:
But in any case, (A) I have NOT approved of nor defended the officer's act of shooting the guy in the back … Hello …???
AND (B) I do not approve or defend the guy having resisted arrest, either …

What about either (A) or (B) is unclear … ???

The part where this doesn't count as "approv[ing]" or "defend[ing]" the shooting.

quote:
Originally posted by Teilhard:
Since the guy ran away, the officer had no opportunity to "pat" him down … Was the guy armed -- or not … ??? … Not being a "god" or equipped with x-ray vision, the officer had no way of knowing …


This messy exchange indicates vividly exactly what a MESS that encounter was …
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by lilBuddha:
And sign-language is a threat? I did a google search on Hawthorne, California and if police there do not know gang sign from sign language, they ought turn in their badges. Not sure how any signs, gang or otherwise could be interpreted as assault.

I'm pretty sure the answer (if you ever get one) will be something along the lines of "If the deaf man had only obeyed the officer's LAWFUL orders . . . "
 
Posted by chris stiles (# 12641) on :
 
quote:
Originally posted by Teilhard:
But in any case, (A) I have NOT approved of nor defended the officer's act of shooting the guy in the back … Hello …???
AND (B) I do not approve or defend the guy having resisted arrest, either …

What about either (A) or (B) is unclear … ???

That you seem to be equating the two without saying so directly.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by chris stiles:
quote:
Originally posted by Teilhard:
But in any case, (A) I have NOT approved of nor defended the officer's act of shooting the guy in the back … Hello …???
AND (B) I do not approve or defend the guy having resisted arrest, either …

What about either (A) or (B) is unclear … ???

That you seem to be equating the two without saying so directly.
I'm not "equating" anything … I'm trying to understand what happened, and why …

I am neither defending nor excusing anyone in that magic mess …
 
Posted by Dave W. (# 8765) on :
 
quote:
Originally posted by romanlion:
I like your emphasis, because a police officer who has just been assaulted, likely twice, and then tased, is going to have little difficulty convincing people that there was probable cause to believe that the suspect posed a significant threat of death or serious bodily harm to himself or others.

"Little difficulty convincing people"? It seems he's already had more than a little difficulty, since he's been fired and charged with murder. You'd think his own police force would be a pretty sympathetic audience, but it looks like they stopped backing him after they saw the video.
 
Posted by romanlion (# 10325) on :
 
quote:
Originally posted by Dave W.:
quote:
Originally posted by romanlion:
I like your emphasis, because a police officer who has just been assaulted, likely twice, and then tased, is going to have little difficulty convincing people that there was probable cause to believe that the suspect posed a significant threat of death or serious bodily harm to himself or others.

"Little difficulty convincing people"? It seems he's already had more than a little difficulty, since he's been fired and charged with murder. You'd think his own police force would be a pretty sympathetic audience, but it looks like they stopped backing him after they saw the video.
Yeah, no way they did that preemptively to avoid weeks of nightly riots, local businesses being burned to the ground and cops being shot on the street.

Did Darren Wilson have any difficulty? And what happened?

How about George Zimmerman, did people believe him? And what happened?

I am telling you right now that this cop will NEVER be convicted of murder in the State of South Carolina, and that video will a big reason why. Mark the page, and start getting over it today.
 
Posted by Palimpsest (# 16772) on :
 
quote:
Originally posted by Crœsos:
quote:
Originally posted by lilBuddha:
And sign-language is a threat? I did a google search on Hawthorne, California and if police there do not know gang sign from sign language, they ought turn in their badges. Not sure how any signs, gang or otherwise could be interpreted as assault.

I'm pretty sure the answer (if you ever get one) will be something along the lines of "If the deaf man had only obeyed the officer's LAWFUL orders . . . "
That case happened in Seattle a couple of years back
Seattle Police Shooting of homeless woodcarver
The woodcarver was carrying a knife with a 3 inch blade and ignored calls to stop as he walked away. He was deaf in one ear, and despite claims that he attacked the policeman, video footage shows otherwise and the knife was found closed on the street after the shooting.

The police were forced to produce the patrol car video tape and the policeman has been dismissed from the force after widespread protest. The wood carver was a frequent fixture in downtown, carving small sculptures in traditional styles.

[ 17. April 2015, 03:12: Message edited by: Palimpsest ]
 
Posted by Golden Key (# 1468) on :
 
romanlion--

quote:
Originally posted by romanlion:
I like your emphasis, because a police officer who has just been assaulted, likely twice, and then tased, is going to have little difficulty convincing people that there was probable cause to believe that the suspect posed a significant threat of death or serious bodily harm to himself or others.

In which case, deadly force was appropriate.

But when the man first fled, there wasn't probable cause that he was dangerous. IANAL, but I think that, in this case, "fleeing felon" applies to when he first fled.

The guy hadn't assaulted or even insulted the officer at that time. He just ran, while the officer was back at the squad car, presumably checking out both the guy and the car he drove.

However stupid and illegal running away might have been, it didn't directly cause the shooting. The officer could've stayed put, waited for backup, talked to the passenger in the Mercedes. Maybe the officer was over-whelmed with adrenaline (as they sometimes are, per news reports and investigations over the years).

Maybe the officer had no conscious control over giving chase. But if he gets a pass for that, then so should the man he shot, because maybe he didn't have any conscious control over running away.
 
Posted by Barnabas62 (# 9110) on :
 
I've watched the video carefully. lilBuddha's summary looks reasonable to me. I suppose enlarged, cleaned up, images from the very start of the video might show more detail at the start but they might also show more detail about exactly what the officer(s) were doing around the prone body, what (if any) evidence was planted.

There's certainly some scope for argument over the application of the "fleeing felon" rulings and precedents in this case - I guess there always is when looking at perception of risk. But, to say the very least, I can't see there is an "open and shut case" for acquittal of the officer. It certainly looks as though something was done to "stage the scene" after the event and if that is verifiable from the video footing, then that is evidence of "mens rea" (guilty mind). That works very much against the officer's account of what happened.

So it remains to be seen what the day in court will produce, and what further forensic analysis of the scene and the video of the scene will reveal.
 
Posted by Golden Key (# 1468) on :
 
Re the killing of Eric Harris by the volunteer deputy:

I'd kind of assumed the deputy was deputying to keep himself busy in retirement. But he's not.

Unjust police killing of Tulsa man, Eric Harris, reveals a deep and dangerous scandal in Oklahoma. (DailyKos)

Things are far stranger in this case than initial reports would have you believe. There's so much corruption by and about this deputy that some of his supervisors were transferred for not signing off on it. And people in the department are talking.

You won't believe it.

[Mad]
 
Posted by Barnabas62 (# 9110) on :
 
On the more general point, it looks to me as though there is some principle of "proportionate response" in US law, certainly so far as fleeing felons are concerned. That's the way it works under UK law. Behind that is the idea of recklessness.

So what constitutes recklessness in individual cases? I think that question underlines the real problem with the freedoms to bear arms under the Second Amendment. The reasonable grounds for fear for your own safety become different if any unsearched felon has shown any signs of sudden movement (getting a possibly hidden weapon) or any prior signs of a tendency to violence which suggest that if they do have a weapon (and they might) they might use it on you.

A multitude of sins can be covered by such arguments. Or the arguments may indeed have legitimacy. I don't think you can decide without a searching, critical, look at all the evidence for what happened in any particular case.
 
Posted by Dave W. (# 8765) on :
 
quote:
Originally posted by romanlion:
I am telling you right now that this cop will NEVER be convicted of murder in the State of South Carolina ...

But possibly of something else, do you think?
 
Posted by Eliab (# 9153) on :
 
quote:
Originally posted by romanlion:
In which case, deadly force was appropriate.

Are you arguing that the cop was right (or, at least, entitled) to shoot him?

Is this really the sort of policing you want to see - that once someone flees from police or resists arrest, the officer is legally entitled to kill them, even in the absence of an immediate threat, and no matter how trivial the original offence may have been?

If so, I can see only a paper-thin difference between that and endorsing summary execution without due process. Which is, in my opinion, immoral, dangerous, liable to lead to civil unrest and (if you care about such things) un-American.
 
Posted by Barnabas62 (# 9110) on :
 
Eliab

Here is the original ruling delivered by Byron White. The arguments in the ruling are absolutely germane to the point you are making.

I have no idea where romanlion is coming from, either on the specific case or the general principles re fleeing felons.

[ 17. April 2015, 14:21: Message edited by: Barnabas62 ]
 
Posted by romanlion (# 10325) on :
 
quote:
Originally posted by Dave W.:
quote:
Originally posted by romanlion:
I am telling you right now that this cop will NEVER be convicted of murder in the State of South Carolina ...

But possibly of something else, do you think?
It's possible certainly, but based on how far we have already come from the initial conclusions everyone jumped to, I wouldn't necessarily bet on it.

As to the fleeing felon bit, when he first fled Mr. Scott was just an idiot. But once he engaged in a confrontation with the officer he became a violent felon. If it is proven that the officer had his own taser deployed against him...all bets are off. We all know that tasers occasionally kill people even in the hands of trained users. I would imagine they are considered a deadly weapon when taken from and used against a police officer.

The idea that the cop could have just "stayed put" is sweet, but simply does not square with the reality of how police go about their business in this country.

Yeah the cop could have stayed put, but I liken that to my comment that Mr. Scott could have paid his child support. Technically true, but irrelevant.
 
Posted by Leorning Cniht (# 17564) on :
 
quote:
Originally posted by romanlion:

The idea that the cop could have just "stayed put" is sweet, but simply does not square with the reality of how police go about their business in this country.

Isn't "the reality of how police go about their business" exactly what we're talking about? When people suggest that the cop should stay put, call for backup or whatever, they are suggesting that the current "reality..." ends up with an excessive number of unnecessarily dead people, and that maybe we should change the reality.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Leorning Cniht:
quote:
Originally posted by romanlion:

The idea that the cop could have just "stayed put" is sweet, but simply does not square with the reality of how police go about their business in this country.

Isn't "the reality of how police go about their business" exactly what we're talking about? When people suggest that the cop should stay put, call for backup or whatever, they are suggesting that the current "reality..." ends up with an excessive number of unnecessarily dead people, and that maybe we should change the reality.
IOW, anybody should feel *FREE* to just run away from a lone police officer … ???
 
Posted by chris stiles (# 12641) on :
 
quote:
Originally posted by Teilhard:

IOW, anybody should feel *FREE* to just run away from a lone police officer … ???

No. But people shouldn't be shot just because they run away from a lone police officer.

At that point the shooting is very much the sole fault of the police officer.

Anything else is the equivalent of blaming a rape victim because 'she shouldn't have got drunk'.

[ 17. April 2015, 23:22: Message edited by: chris stiles ]
 
Posted by romanlion (# 10325) on :
 
quote:
Originally posted by Eliab:
Is this really the sort of policing you want to see?

Not at all.

quote:
Originally posted by Leorning Cniht:
Isn't "the reality of how police go about their business" exactly what we're talking about?

Well, not exactly, if I understand the thread as I have followed it to this point.

If that is what we are actually talking about then we need a separate thread to discuss "Prohibition and it's implications".

If we really want to discuss the reasons why cops operate the way that they do, and regularly violate the basic civil and human rights of the people they are sworn to protect then we have to start with the failure of prohibition, which is the genesis of all these policies and procedures. Not to mention the countless deaths of young black men at the hands of other young black men.

Do a word search for "black male" on this page.

You should find 30, and that is just March and April.
 
Posted by lilBuddha (# 14333) on :
 
Trying really hard to remove responsibility from the police aren't you?
Unless you think everyone is a lawbreaker or cops are too stupid to understand that they are not, you cannot justify poor behaviour by the cops.
Corruption and heavy-handed tactics have been a problem from the beginning, BTW.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by chris stiles:
quote:
Originally posted by Teilhard:

IOW, anybody should feel *FREE* to just run away from a lone police officer … ???

No. But people shouldn't be shot just because they run away from a lone police officer.

At that point the shooting is very much the sole fault of the police officer.

Anything else is the equivalent of blaming a rape victim because 'she shouldn't have got drunk'.

It was a huge MESS … Wasn't it ... ???

IF the guy had calmly complied with the LAW and with lawful commands of a police officer, he almost certainly would still be alive today ...
 
Posted by chris stiles (# 12641) on :
 
quote:
Originally posted by Teilhard:

It was a huge MESS … Wasn't it ... ???

No. It was really quite simple.

quote:

IF the guy had calmly complied with the LAW and with lawful commands of a police officer, he almost certainly would still be alive today ...

Is irrelevant - you are essentially trying over and over to make this into a mitigating factor, without actually coming out and saying so.
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by romanlion:
Not to mention the countless deaths of young black men at the hands of other young black men.

And why do you think this is?
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by chris stiles:
quote:
Originally posted by Teilhard:

It was a huge MESS … Wasn't it ... ???

No. It was really quite simple.

quote:

IF the guy had calmly complied with the LAW and with lawful commands of a police officer, he almost certainly would still be alive today ...

Is irrelevant - you are essentially trying over and over to make this into a mitigating factor, without actually coming out and saying so.

These situations would be simple if and only if citizens always obeyed the laws and behaved always responsibly … but that doesn't happen … which is why we have police and courts and so on ...
 
Posted by romanlion (# 10325) on :
 
quote:
Originally posted by lilBuddha:
Trying really hard to remove responsibility from the police aren't you?

Is this directed at me?

quote:
Originally posted by lilBuddha:
quote:
Originally posted by romanlion:
Not to mention the countless deaths of young black men at the hands of other young black men.

And why do you think this is?
Did you read my post? Because I think my implication is clear.

But in addition to a violent black market in minority communities I am sure there is an evil white person, or cop, or both at work as well. Probably several. It is certainly no reflection on the individuals who commit these murders unless of course they happen to be a cop, or a white person, or (*gasp*) both.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by romanlion:
quote:
Originally posted by lilBuddha:
Trying really hard to remove responsibility from the police aren't you?

Is this directed at me?

quote:
Originally posted by lilBuddha:
quote:
Originally posted by romanlion:
Not to mention the countless deaths of young black men at the hands of other young black men.

And why do you think this is?
Did you read my post? Because I think my implication is clear.

But in addition to a violent black market in minority communities I am sure there is an evil white person, or cop, or both at work as well. Probably several. It is certainly no reflection on the individuals who commit these murders unless of course they happen to be a cop, or a white person, or (*gasp*) both.

And of course, in this particular case, because the accused is a cop -- a *white* guy, at that -- he is naturally reflexively "presumed guilty" until he proves himself innocent in a court of law … (forget about "public opinion," in which he has already been not only accused, but tried and convicted, yes … ???)
 
Posted by Palimpsest (# 16772) on :
 
He was presumed innocent, as he was in a prior complaint, until the video surfaced. At that point people had to ask themselves "who are you going to believe? The police officer or your own lying eyes."

And keep on mitigating. Let's not forget that the victim left his car in the road, littered the road with his blood and may have done public urination. Of course, one of the actions is much, worse than all of the others, and it's not failing to obey a police officer and running away.

[ 18. April 2015, 05:30: Message edited by: Palimpsest ]
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by romanlion:
quote:
Originally posted by lilBuddha:
Trying really hard to remove responsibility from the police aren't you?

Is this directed at me?
quote:
Originally posted by romanlion:

But in addition to a violent black market in minority communities I am sure there is an evil white person, or cop, or both at work as well. Probably several. It is certainly no reflection on the individuals who commit these murders unless of course they happen to be a cop, or a white person, or (*gasp*) both.

Your garden must truly be green if you can spare as much bovine fertilizer as it took to produce this post.
First, the cause of crime has not been under discussion.
Second, it is very possible to care about more than one aspect of any situation.
Third, the subject of the revival of this thread had naught to do with drugs or murder.
Forth, at least one other bit of police brutality has been discussed here and the victim was "gasp" white.
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by Teilhard:
]And of course, in this particular case, because the accused is a cop -- a *white* guy, at that -- he is naturally reflexively "presumed guilty" until he proves himself innocent in a court of law … (forget about "public opinion," in which he has already been not only accused, but tried and convicted, yes … ???)

Hmmmm, I thought it was because he shot an unarmed man who was progressively becoming less of a threat and then planted evidence to suggest a different narrative than what actually occurred. Silly me.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Palimpsest:
He was presumed innocent, as he was in a prior complaint, until the video surfaced. At that point people had to ask themselves "who are you going to believe? The police officer or your own lying eyes."

And keep on mitigating. Let's not forget that the victim left his car in the road, littered the road with his blood and may have done public urination. Of course, one of the actions is much, worse than all of the others, and it's not failing to obey a police officer and running away.

The officer in question has been charged and has been fired … If he goes to trial all of the relevant facts will have been gathered and will be made public … At some point a determination of "guilt" or "innocence" will be made …

In the meantime, not everything that happened has been released via videotape or any other means …

Rather than taking part in an anti-cop lynch mob, I want to know what happened and why ...
 
Posted by chris stiles (# 12641) on :
 
quote:
Originally posted by Teilhard:

Rather than taking part in an anti-cop lynch mob, I want to know what happened and why ...

So why are you so clear that some of the blame lies with the victim? Unless you claim to know all the facts yourself.

The police were not exactly shy about publicising and magnifying the victims every brush with the law prior to the video surfacing. If they were as scrupulous about adhering to fact finding as you claim to be then their public relations department would have just STFU.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by chris stiles:
quote:
Originally posted by Teilhard:

Rather than taking part in an anti-cop lynch mob, I want to know what happened and why ...

So why are you so clear that some of the blame lies with the victim? Unless you claim to know all the facts yourself.

The police were not exactly shy about publicising and magnifying the victims every brush with the law prior to the video surfacing. If they were as scrupulous about adhering to fact finding as you claim to be then their public relations department would have just STFU.

Ummmmm … SOME of the "blame" for what happened DOES lie with the guy who resisted arrest and ran away ...
 
Posted by chris stiles (# 12641) on :
 
quote:
Originally posted by Teilhard:

Ummmmm … SOME of the "blame" for what happened DOES lie with the guy who resisted arrest and ran away ...

No. Taking your view that 'we don't know all the facts' it's impossible to know that for certain. If you want to take the view that something happened off-camera that could justify shooting the guy in the back - then that reasoning works in both directions.

[ 18. April 2015, 21:24: Message edited by: chris stiles ]
 
Posted by Doc Tor (# 9748) on :
 
quote:
Originally posted by Teilhard:
Ummmmm … SOME of the "blame" for what happened DOES lie with the guy who resisted arrest and ran away ...

Back in the bad old days, before the Police and Criminal Evidence Act, when Plod could throw you in a van full of his fellows for a good shoeing, would you have considered trying to avoid an unjust beating by running away "blame" for what happened next, or something else?

Seriously. Consider yourself as a suspect. You've been stopped for what may be a traffic violation, or it may be something else, or it may be DWB, and you're going to get beaten, or tasered, or worse, and you don't know which it's going to be. You could do everything right and still end up in the morgue, because you watch the TV and that happens.

So your nerve fails and you run. Bingo. You've given them the excuse they need, but they don't need an excuse really, because they can do it anyway. Just wasn't your lucky day, right?
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by chris stiles:
quote:
Originally posted by Teilhard:

Ummmmm … SOME of the "blame" for what happened DOES lie with the guy who resisted arrest and ran away ...

No. Taking your view that 'we don't know all the facts' it's impossible to know that for certain. If you want to take the view that something happened off-camera that could justify shooting the guy in the back - then that reasoning works in both directions.
We DO know SOME of the facts …
(1) The officer made an entirely legitimate traffic stop (brake light out -- a significant safety concern) …
(2) The officer entirely properly politely asked the driver for his license and proof of insurance …
(3) The driver instead bolted from the vehicle and ran away (for reasons of his own) … which is a CRIME ...

-- those facts are documented beyond dispute on the cruiser dash camera --

(4) There was -- reportedly -- a struggle between the officer and the (now criminal) driver, which involved the officer's taser …
(5) In the video of a passer by, the taser is seen on the ground as the officer fires several shots at the (now criminal) driver who is again attempting to flee following his again having resisted arrest (which is a CRIME) …

None of those facts is in dispute ...

[ 18. April 2015, 22:58: Message edited by: Teilhard ]
 
Posted by Soror Magna (# 9881) on :
 
quote:
Originally posted by lilBuddha:
quote:
Originally posted by Teilhard:
]And of course, in this particular case, because the accused is a cop -- a *white* guy, at that -- he is naturally reflexively "presumed guilty" until he proves himself innocent in a court of law … (forget about "public opinion," in which he has already been not only accused, but tried and convicted, yes … ???)

Hmmmm, I thought it was because he shot an unarmed man who was progressively becoming less of a threat and then planted evidence to suggest a different narrative than what actually occurred. Silly me.
And he lied to his supervisors and his attorney about what happened, and when the video surfaced, his attorney quit. There's only two legitimate reasons for an attorney to dump a client: the client can't pay, or the client intends to engage in further criminal activity, in this case, likely perjury and obstruction of justice.

I'm sure that there's plenty of Shipmates on this thread who are cynical about lawyers; what does it say when even a lawyer doesn't want to have anything to do with this cop?
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Soror Magna:
quote:
Originally posted by lilBuddha:
quote:
Originally posted by Teilhard:
]And of course, in this particular case, because the accused is a cop -- a *white* guy, at that -- he is naturally reflexively "presumed guilty" until he proves himself innocent in a court of law … (forget about "public opinion," in which he has already been not only accused, but tried and convicted, yes … ???)

Hmmmm, I thought it was because he shot an unarmed man who was progressively becoming less of a threat and then planted evidence to suggest a different narrative than what actually occurred. Silly me.
And he lied to his supervisors and his attorney about what happened, and when the video surfaced, his attorney quit. There's only two legitimate reasons for an attorney to dump a client: the client can't pay, or the client intends to engage in further criminal activity, in this case, likely perjury and obstruction of justice.

I'm sure that there's plenty of Shipmates on this thread who are cynical about lawyers; what does it say when even a lawyer doesn't want to have anything to do with this cop?

So … You're suggesting that because, say, the Tsarnaev kid (the surviving Boston Marathon Bomber), e.g., was and is represented by Counsel … it means that he is in reality an innocent fella, a stand*up good guy … ??? Interesting idea ...
 
Posted by Soror Magna (# 9881) on :
 
quote:
Originally posted by Soror Magna:
... There's only two legitimate reasons for an attorney to dump a client: the client can't pay, or the client intends to engage in further criminal activity, in this case, likely perjury and obstruction of justice.

I'm sure that there's plenty of Shipmates on this thread who are cynical about lawyers; what does it say when even a lawyer doesn't want to have anything to do with this cop?

quote:
Originally posted by Teilhard:
So … You're suggesting that because, say, the Tsarnaev kid (the surviving Boston Marathon Bomber), e.g., was and is represented by Counsel … it means that he is in reality an innocent fella, a stand*up good guy … ??? Interesting idea ...

Read what I wrote: there's only two reasons for an attorney to quit. From that, one can conclude that Tsarnaev's lawyer is pretty sure she'll get paid and that he won't be committing any crimes in the near future. Maybe your friend who used to be a defense attorney could explain ... oh, wait ...

Edited to add context at the top of the page

[ 19. April 2015, 00:46: Message edited by: Soror Magna ]
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Soror Magna:
Read what I wrote: there's only two reasons for an attorney to quit. From that, one can conclude that Tsarnaev's lawyer is pretty sure she'll get paid and that he won't be committing any crimes in the near future. Maybe your friend who used to be a defense attorney could explain ... oh, wait ...

Are you -- or are you not -- suggesting that a person who is in deep trouble with the law does not deserve to be represented by an attorney … ???
 
Posted by Soror Magna (# 9881) on :
 
Time to pull the handbrake on the runaway logic train.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Soror Magna:
Time to pull the handbrake on the runaway logic train.

I agree …

The general anti*cop "logic" (in fact, prejudice) that is lately being expressed in public opinion and by some pundits in matters of a FEW troubling cases … turns out to be unreasonable and unhelpful …
 
Posted by Teilhard (# 16342) on :
 
But, entirely seriously … I'm not clear what the cop bashers are wanting in this case …

The officer has been:
(1) charged with murder … and, (2) fired …

I expect that he will be brought to trial (or that the case will be adjudicated via a plea bargain) …

So, really … ???
What more should be done in THIS case -- a handy tree and a length of sturdy rope … ???
What do you want … ???
 
Posted by Eliab (# 9153) on :
 
quote:
Originally posted by Teilhard:
The driver instead bolted from the vehicle and ran away (for reasons of his own) … which is a CRIME ...

In the video of a passer by, the taser is seen on the ground as the officer fires several shots at the (now criminal) driver who is again attempting to flee following his again having resisted arrest (which is a CRIME) …

Teilhard, your posts on this thread might make rather more sense if you would distinguish a "capital crime" from the word "crime" written in capitals.
 
Posted by Dave W. (# 8765) on :
 
quote:
Originally posted by Teilhard:
What more should be done in THIS case -- a handy tree and a length of sturdy rope … ???
What do you want … ???

What makes you think anyone is arguing that more should be done to the cop in this case?
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Dave W.:
quote:
Originally posted by Teilhard:
What more should be done in THIS case -- a handy tree and a length of sturdy rope … ???
What do you want … ???

What makes you think anyone is arguing that more should be done to the cop in this case?
That's the puzzle for me …
The cop has been (A) charged and (B) fired …
From this point, the legal process will go forward …
So ...
 
Posted by Dave W. (# 8765) on :
 
quote:
Originally posted by Teilhard:
quote:
Originally posted by Dave W.:
quote:
Originally posted by Teilhard:
What more should be done in THIS case -- a handy tree and a length of sturdy rope … ???
What do you want … ???

What makes you think anyone is arguing that more should be done to the cop in this case?
That's the puzzle for me …
The cop has been (A) charged and (B) fired …
From this point, the legal process will go forward …
So ...

You have failed to comprehend the meaning of my question.

You apparently think someone on this thread is arguing that more should be done. What gives you that idea?
 
Posted by Palimpsest (# 16772) on :
 
quote:
Originally posted by Teilhard:
But, entirely seriously … I'm not clear what the cop bashers are wanting in this case …

The officer has been:
(1) charged with murder … and, (2) fired …

I expect that he will be brought to trial (or that the case will be adjudicated via a plea bargain) …

So, really … ???
What more should be done in THIS case -- a handy tree and a length of sturdy rope … ???
What do you want … ???

It would be worthwhile to review the investigation of the previous complaint by a citizen that ended with the investigation clearing him without ever interviewing the complainant or witnesses.

The problem is not just inept or bad policeman, it's the culture of cover up.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Dave W.:
quote:
Originally posted by Teilhard:
quote:
Originally posted by Dave W.:
quote:
Originally posted by Teilhard:
What more should be done in THIS case -- a handy tree and a length of sturdy rope … ???
What do you want … ???

What makes you think anyone is arguing that more should be done to the cop in this case?
That's the puzzle for me …
The cop has been (A) charged and (B) fired …
From this point, the legal process will go forward …
So ...

You have failed to comprehend the meaning of my question.

You apparently think someone on this thread is arguing that more should be done. What gives you that idea?

Okay …
The discussion is rendered moot
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Palimpsest:
quote:
Originally posted by Teilhard:
But, entirely seriously … I'm not clear what the cop bashers are wanting in this case …

The officer has been:
(1) charged with murder … and, (2) fired …

I expect that he will be brought to trial (or that the case will be adjudicated via a plea bargain) …

So, really … ???
What more should be done in THIS case -- a handy tree and a length of sturdy rope … ???
What do you want … ???

It would be worthwhile to review the investigation of the previous complaint by a citizen that ended with the investigation clearing him without ever interviewing the complainant or witnesses.

The problem is not just inept or bad policeman, it's the culture of cover up.

As I understand that previous case, it was indeed a cut*and*dried situation that certainly didn't require some extensive huge "investigation" …

See … Police officers aren't showing up at a front door to sell tickets to the Policemens' Ball … They're doing work that is inherently dangerous …

So when the "complainant" in that case flat refused to: (1) step outside so the officer could speak with him, OR (2) present both his hands in clear view … at that point the officer made a judgment call in order to protect his own safety and life … Hence, the use of a taser …

A few weeks ago I had a couple of conversations with a young officer in training … In his very FIRST ride*along with an experienced sworn officer, they went out to a house in the countryside to serve a warrant (generally a fairly routine matter) … When they stepped up to the front door, knocked, and identified themselves as, "Police …" … they were met by a HAIL of gunfire through the door … Fortunately, neither one of them was hit … They retreated to cover and the suspects made an escape out the back door into the woods …

See … there are good REASONS for certain routine police procedures, such as DEMANDING, "Keep both your hand where I can see them … " …

One of the ongoing difficulties in understanding/discussing any of these cases is that many people simply have no idea just how difficult and dangerous routine police work can be ...

[ 19. April 2015, 05:01: Message edited by: Teilhard ]
 
Posted by Leorning Cniht (# 17564) on :
 
quote:
Originally posted by Teilhard:
Okay …
The discussion is rendered moot

Well, no. You're wanting to treat each individual case in isolation. That is indeed the function of the criminal justice system - to determine whether the cop in each case was acting lawfully when he killed someone, or whether he should be convicted of some crime.

In the bigger picture (that would be the "implications") most of us would like to investigate changes that might result in fewer dead people.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Leorning Cniht:
quote:
Originally posted by Teilhard:
Okay …
The discussion is rendered moot

Well, no. You're wanting to treat each individual case in isolation. That is indeed the function of the criminal justice system - to determine whether the cop in each case was acting lawfully when he killed someone, or whether he should be convicted of some crime.

In the bigger picture (that would be the "implications") most of us would like to investigate changes that might result in fewer dead people.

I am indeed not interested in endorsing any broad brush blanket denunciations of "police" …

Clearly, e.g., the cop in the Ferguson case acted properly, while that cop in South Carolina did not …
Each individual case IS its own case …

And, yes, of course I also am interested in "fewer dead people" …

So, e.g., I consider it simply reasonable to help ensure public safety in general -- of both police and ordinary citizens -- by expecting EVERYONE to obey the laws and to respect each other mutually …
 
Posted by Leorning Cniht (# 17564) on :
 
quote:
Originally posted by Teilhard:

Clearly, e.g., the cop in the Ferguson case acted properly, while that cop in South Carolina did not …

"Properly" and "not" are not the sum total of the options.

Consider a case where a cop attempts to apprehend someone he suspects of wrongdoing, some kind of struggle occurs, the cop is in genuine fear for his life, and kills his assailant.

This is a lawful killing. The cop broke no laws. Fine.

But now ask the question: was there a different way that the cop could have chosen to begin the interaction that would make the struggle less likely?

Sure, you can say that the suspect shouldn't fight with the cop, and I'd agree with you. He shouldn't. We don't get to set the protocols that suspects use when they interact with police officers, though, so there's really nothing we can do about changing his behaviour directly.

We do, however, get to set the protocols that police officers use when they interact with suspects. If there are changes that we can make to those protocols which result in fewer dead people, but still enable the police officers to get their work done in a similar level of safety, I rather think they are worth considering.

quote:

So, e.g., I consider it simply reasonable to help ensure public safety in general -- of both police and ordinary citizens -- by expecting EVERYONE to obey the laws and to respect each other mutually …

Well, sure, but that's like saying you're going to reduce the level of crime in your area by having fewer criminals. It's not something you can actually control.
 
Posted by Barnabas62 (# 9110) on :
 
There isn't always time for considered judgment. The law does allow for 20-20 hindsight over the legality of actions, but not over "best available option, all things considered". And that strikes me as fair. In Officer Wilson's case, the detailed findings, confirmed by the Justice Department's review, established the reality of significantly threatening behaviour. That answered the issue of legality of actions, and exonerated Officer Wilson. And in that specific case, that also strikes me as fair.

So far as "best available option" is concerned, none of the above means there is nothing to be learned, to be factored into training or "standing orders" for armed officers.
 
Posted by Golden Key (# 1468) on :
 
Barnabas--

quote:
Originally posted by Barnabas62:
quote:
Originally posted by Golden Key:
Tonight's "The Lawn Chair" episode of ABC TV's "Scandal" is very relevant.

{Slight SPOILERS for series story arc:}

Olivia Pope is a "fixer" in Washington, DC. She fixes the problems of the rich, powerful, and famous. (Occasionally, other people, too.) She's African-American, and the sometime mistress and great love of the white president of the US.

In "The Lawn Chair", there's a Ferguson-type situation, and Olivia winds up right in the middle of it.

Very powerful episode. Looks at all sides. I haven't read the reviews, but I've seen headlines that indicate similar feelings.

It doesn't seem to be online yet. Maybe in a few days?

Was on Sky last night. Dramatically very powerful. It did play very much to the narrative that there is institutional racism in US police forces, that ranks will close to defend an officer who shoots a member of a racial minority, that evidence will be manufactured/tampered with to support the closing of ranks.

BUT

It did give the office of Attorney General a tick, when it comes to supporting the truth of things. And this review strikes me as spot on. Particularly this final summary.

quote:
This is a fantasy less of just and timely government intervention to punish racist violence than of a world where respectability politics actually works.
RL is not so straightforward.

Yes, re playing to that particular narrative--which is often true, AIUI.

What did you mean about giving the Attorney General "a tick"?


Re the review:

If the reviewer thinks the show is supposed to be "a fantasy [...] of just and timely government intervention", then she doesn't understand the series at all. It's about DC (Washington, DC) as being thoroughly corrupt. It's about all the mess and attempted growth in each character's life. It's not an "almost-post-racial fantasy", ISTM, despite what the reviewer thinks. It's just that Liv lives at a very elite level, where power and the ability to fix and cover up things is usually more imperative than personal prejudice.

Liv may not have dealt with much everyday prejudice, because she grew up in expensive boarding schools (with little parenting). She fixes problems in others' lives, because there's been so much in her own that she couldn't fix. She wraps her super-fixer world around herself as protection, because she can't handle the alternative.

She's very privileged, in many ways, and lives in that privileged world. (Though not always: she and Huck rescued each other, way in the past.) And, without revealing the previous few episodes, Liv was barely functional at the start of this one. (The reviewer seemed to miss that context.) Throwing herself into this situation helped save her.

Given all that, she made her stand. And I think she did a pretty good job.

[ 19. April 2015, 08:12: Message edited by: Golden Key ]
 
Posted by Leorning Cniht (# 17564) on :
 
quote:
Originally posted by Barnabas62:

So far as "best available option" is concerned, none of the above means there is nothing to be learned, to be factored into training or "standing orders" for armed officers.

Yes, this is my point, and why treating each case independently misses part of the analysis. Sure, each case is independent when it comes to the legality of the killing, but questions of training, standing orders and the like should depend on the ensemble of all cases.
 
Posted by Barnabas62 (# 9110) on :
 
@ Golden Key

The Attorney General point. The David Rosen character in the series is very interesting, being a stickler for justice who is also aware of the political realities of his office. In this case "stickler for justice" definitely came through.

On the fantasy point, the series is of course fiction, and IMO veers from reality to fantasy depending on the storyline. The incident portrayed bore an uncanny resemblance to some of the incidents described here, and was in no way fantastic. The underlying story, both of police actions and legal/federal response, did veer (IMO) between both fantasy and reality. The scene at the end struck me as unlikely, even fantastic, since there was a sub judice case in play. But it made an excellent dramatic finale.
 
Posted by chris stiles (# 12641) on :
 
quote:
Originally posted by Teilhard:

(5) In the video of a passer by, the taser is seen on the ground as the officer fires several shots at the (now criminal) driver who is again attempting to flee following his again having resisted arrest (which is a CRIME) …

Lots of things are crimes (rather than CRIMES), but that doesn't give the police carte blanche to shoot a fleeing suspect.

The logical extension of what you keep trying to suggest is that the penalty for shooting someone should be lower because they were a fleeing criminal.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Barnabas62:
There isn't always time for considered judgment. The law does allow for 20-20 hindsight over the legality of actions, but not over "best available option, all things considered". And that strikes me as fair. In Officer Wilson's case, the detailed findings, confirmed by the Justice Department's review, established the reality of significantly threatening behaviour. That answered the issue of legality of actions, and exonerated Officer Wilson. And in that specific case, that also strikes me as fair.

So far as "best available option" is concerned, none of the above means there is nothing to be learned, to be factored into training or "standing orders" for armed officers.

IOW, each case is its own case …

And in the South Carolina case, we still have only a fuzzy picture of what*really*happened in the interval between the dash*cam video and the bystander*video ...
 
Posted by saysay (# 6645) on :
 
quote:
Originally posted by Teilhard:
See … Police officers aren't showing up at a front door to sell tickets to the Policemens' Ball … They're doing work that is inherently dangerous …

And yet it's not as dangerous as people (and, it seems, the police) think it is.

quote:
A few weeks ago I had a couple of conversations with a young officer in training … In his very FIRST ride*along with an experienced sworn officer, they went out to a house in the countryside to serve a warrant (generally a fairly routine matter) … When they stepped up to the front door, knocked, and identified themselves as, "Police …" … they were met by a HAIL of gunfire through the door … Fortunately, neither one of them was hit … They retreated to cover and the suspects made an escape out the back door into the woods …
I'd be more inclined to believe this if you linked to the news article or police press release about it (people shooting at the police almost always make the news here). As it is, it seems like a fictional anecdote in service to your Narrative.

And one that stops a little short: why not include the manhunt that ends with the suspects being killed? Even though the crime the warrant was being served on wasn't a capital crime?

I also find it suspicious that, according to you, police in Minnesota are still using protocol as it existed on 70's and 80's crime shows, but I suppose it's possible.

On the other hand, I don't think the general public is aware of the level of violence the police regularly inflict on poor people and people of color.

This made the news because of the protests, not because the police severely beating someone in custody qualifies as news in this town.

quote:
See … there are good REASONS for certain routine police procedures, such as DEMANDING, "Keep both your hand where I can see them … " …
Well, sure. Keep your hands where the officer can see them. Don't make any sudden movements. Obey the officer's lawful commands.

Pray that the officer actually issues commands and gives you a chance to comply before she resorts to violence. (Pray harder).

But since you're such an expert, what is your advice for what to do when a cop issues an unlawful order?

What do you do if there are multiple cops on the scene shouting contradictory orders?

quote:
So, e.g., I consider it simply reasonable to help ensure public safety in general -- of both police and ordinary citizens -- by expecting EVERYONE to obey the laws and to respect each other mutually …
Please define respect. I've gotten in trouble for things such as: failing to say sir, saying sir when the officer thought I was being sarcastic, failing to answer a question I didn't understand fast enough, and having the wrong look on my face.

Now the only thing I'll say to an officer is 'I'm sorry, sir, but am I being detained?'

Which is sad and not the kind of thing that improves police-community relations. (Oh, all right, I did recently tell one nervous-looking kid that I hadn't heard any gunshots).

But until the police (who currently know they can do just about anything they want and get away with it) start getting held accountable more regularly, until they start approaching people in a way that is more likely to de-escalate the situation than escalate it, I don't have another choice.
 
Posted by Palimpsest (# 16772) on :
 
quote:
Originally posted by Teilhard:
quote:
Originally posted by Palimpsest:
quote:
Originally posted by Teilhard:
But, entirely seriously … I'm not clear what the cop bashers are wanting in this case …

The officer has been:
(1) charged with murder … and, (2) fired …

I expect that he will be brought to trial (or that the case will be adjudicated via a plea bargain) …

So, really … ???
What more should be done in THIS case -- a handy tree and a length of sturdy rope … ???
What do you want … ???

It would be worthwhile to review the investigation of the previous complaint by a citizen that ended with the investigation clearing him without ever interviewing the complainant or witnesses.

The problem is not just inept or bad policeman, it's the culture of cover up.

As I understand that previous case, it was indeed a cut*and*dried situation that certainly didn't require some extensive huge "investigation" …

See … Police officers aren't showing up at a front door to sell tickets to the Policemens' Ball … They're doing work that is inherently dangerous …

So when the "complainant" in that case flat refused to: (1) step outside so the officer could speak with him, OR (2) present both his hands in clear view … at that point the officer made a judgment call in order to protect his own safety and life … Hence, the use of a taser …

A few weeks ago I had a couple of conversations with a young officer in training … In his very FIRST ride*along with an experienced sworn officer, they went out to a house in the countryside to serve a warrant (generally a fairly routine matter) … When they stepped up to the front door, knocked, and identified themselves as, "Police …" … they were met by a HAIL of gunfire through the door … Fortunately, neither one of them was hit … They retreated to cover and the suspects made an escape out the back door into the woods …

See … there are good REASONS for certain routine police procedures, such as DEMANDING, "Keep both your hand where I can see them … " …

One of the ongoing difficulties in understanding/discussing any of these cases is that many people simply have no idea just how difficult and dangerous routine police work can be ...

Yes, your understanding is that when a complaint is filed, you should just ask the policeman what happened and not talk to witnesses or the complainant. It's just a cut and dried situation where you of course take the word the policeman and not doubt that he's not telling the truth. And if some unhelpful video shows up that shows that the policeman lied and acted wrongfully, just run around screaming "It's a MESS, It's a MESS" and far too complicated to figure out.

The rest of us have a different understanding on how the police should be regulated. Complaints should be investigated. Officers who commit errors should be retrained or if necessary removed from the position where they can damage citizens. Police who cover up felonies by other police should be removed.

The larger point in this case is not the treatment of the officer, or your pathetic arguments in defense of him, but that this is one incident which happened while someone was taking a video of it. A number of people living there have pointed out there are other complaints that were ignored. Not all complaints are valid, but if you don't do a valid investigation, how can you know if they are valid complaints?
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Palimpsest:
quote:
Originally posted by Teilhard:
quote:
Originally posted by Palimpsest:
quote:
Originally posted by Teilhard:
But, entirely seriously … I'm not clear what the cop bashers are wanting in this case …

The officer has been:
(1) charged with murder … and, (2) fired …

I expect that he will be brought to trial (or that the case will be adjudicated via a plea bargain) …

So, really … ???
What more should be done in THIS case -- a handy tree and a length of sturdy rope … ???
What do you want … ???

It would be worthwhile to review the investigation of the previous complaint by a citizen that ended with the investigation clearing him without ever interviewing the complainant or witnesses.

The problem is not just inept or bad policeman, it's the culture of cover up.

As I understand that previous case, it was indeed a cut*and*dried situation that certainly didn't require some extensive huge "investigation" …

See … Police officers aren't showing up at a front door to sell tickets to the Policemens' Ball … They're doing work that is inherently dangerous …

So when the "complainant" in that case flat refused to: (1) step outside so the officer could speak with him, OR (2) present both his hands in clear view … at that point the officer made a judgment call in order to protect his own safety and life … Hence, the use of a taser …

A few weeks ago I had a couple of conversations with a young officer in training … In his very FIRST ride*along with an experienced sworn officer, they went out to a house in the countryside to serve a warrant (generally a fairly routine matter) … When they stepped up to the front door, knocked, and identified themselves as, "Police …" … they were met by a HAIL of gunfire through the door … Fortunately, neither one of them was hit … They retreated to cover and the suspects made an escape out the back door into the woods …

See … there are good REASONS for certain routine police procedures, such as DEMANDING, "Keep both your hand where I can see them … " …

One of the ongoing difficulties in understanding/discussing any of these cases is that many people simply have no idea just how difficult and dangerous routine police work can be ...

Yes, your understanding is that when a complaint is filed, you should just ask the policeman what happened and not talk to witnesses or the complainant. It's just a cut and dried situation where you of course take the word the policeman and not doubt that he's not telling the truth. And if some unhelpful video shows up that shows that the policeman lied and acted wrongfully, just run around screaming "It's a MESS, It's a MESS" and far too complicated to figure out.

The rest of us have a different understanding on how the police should be regulated. Complaints should be investigated. Officers who commit errors should be retrained or if necessary removed from the position where they can damage citizens. Police who cover up felonies by other police should be removed.

The larger point in this case is not the treatment of the officer, or your pathetic arguments in defense of him, but that this is one incident which happened while someone was taking a video of it. A number of people living there have pointed out there are other complaints that were ignored. Not all complaints are valid, but if you don't do a valid investigation, how can you know if they are valid complaints?

Again … I have not "defended" the South Carolina officer … I simply want to know what happened, and why … before I join in a chorus of condemnation … I do note that he has been both charged and fired …

See, it ISN'T the case that "cops can get away with anything" ...
 
Posted by Teilhard (# 16342) on :
 
But, yes, police work most often is routinely routine and sometimes boring … until it isn't …

Last July, Officer Scott Patrick (Mendota Heights, MN PD) made a route traffic stop …

(B-O-R-I-N-G … !!!) …

The driver of the car, Brian Fitch, sprang from the driver's seat, immediately shot the officer twice, then made a third shot execution style to his head, killing him … Fitch got back into his vehicle and sped away …

A few hours later, he was arrested following a pitched gun battle with the police … He recovered from his wounds, was tried, and now will serve life in prison without parole …

Oh, yeah … Police work is … what … ??? … Coffee breaks at the donut shop and harassing black guys for fun … ???
 
Posted by Eutychus (# 3081) on :
 
And this is relevant how?
 
Posted by Doc Tor (# 9748) on :
 
You could just as legitimately say that teaching is boring, until some kid with a grudge parks a kitchen knife in one of your major arteries.
 
Posted by Eutychus (# 3081) on :
 
quote:
Originally posted by Teilhard:
Oh, yeah … Police work is … what … ??? … Coffee breaks at the donut shop and harassing black guys for fun … ???

No, sometimes it involves putting your life on the line. Here's how it should be done.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Eutychus:
quote:
Originally posted by Teilhard:
Oh, yeah … Police work is … what … ??? … Coffee breaks at the donut shop and harassing black guys for fun … ???

No, sometimes it involves putting your life on the line. Here's how it should be done.
Umm … Yes … ???

Officer Scott Patrick (Mendota Heights, Minnesota PD), put his life on the line on July 30, 2014 when he made what ought to have been a routine traffic stop …

Should he have performed his (supposedly routine) police duty differently … ??? How so … ???

(1) Not stop Brian Fitch at all … ???
(2) "Call for back-up" before getting out of his cruiser … ???
(3) Summon a SWAT squad to surround Fitch's car with loaded machine guns … ???
 
Posted by Eutychus (# 3081) on :
 
(4) not shot a fleeing suspect in the back for no good reason.

Triple question marks do not an argument make, by the way.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Eutychus:
(4) not shot a fleeing suspect in the back for no good reason.

Triple question marks do not an argument make, by the way.

(1) Brian Fitch shot Officer Patrick face*to*face, and then in the head -- NOT in the back …

(2) You are suggesting that cops should perform routine traffic stops differently … ???? Yes or no … ????
 
Posted by saysay (# 6645) on :
 
quote:
Originally posted by Teilhard:
See, it ISN'T the case that "cops can get away with anything" ...

Really? Do you really not see the difference between

quote:
But until the police (who currently know they can do just about anything they want and get away with it) start getting held accountable more regularly, until they start approaching people in a way that is more likely to de-escalate the situation than escalate it, I don't have another choice.
and "cops can get away with anything"?

And do you really think that this example, where the police had already released a statement clearing the officer of any wrongdoing before the video surfaced, helps your argument?

Oh, yes, cops can be held accountable if there happens to be a witness who takes video of the incident, as long as the police officer doesn't notice him and erase the video footage, and as long as he has the sense to go to the media with the footage instead of doing what the police tell people to do, which is bring the evidence of any crime or wrongdoing to them.

Sure, that totally points to a system where the cops are poor victims who are justified in feeling under siege because people question their actions or criticize them sometimes.

quote:
Coffee breaks at the donut shop and harassing black guys for fun … ???
Your strawman convinces no one.

And they don't limit themselves to black guys, although black men do tend to produce the most reliable source of slave labor.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by saysay:
quote:
Originally posted by Teilhard:
See, it ISN'T the case that "cops can get away with anything" ...

Really? Do you really not see the difference between

quote:
But until the police (who currently know they can do just about anything they want and get away with it) start getting held accountable more regularly, until they start approaching people in a way that is more likely to de-escalate the situation than escalate it, I don't have another choice.
and "cops can get away with anything"?

And do you really think that this example, where the police had already released a statement clearing the officer of any wrongdoing before the video surfaced, helps your argument?

Oh, yes, cops can be held accountable if there happens to be a witness who takes video of the incident, as long as the police officer doesn't notice him and erase the video footage, and as long as he has the sense to go to the media with the footage instead of doing what the police tell people to do, which is bring the evidence of any crime or wrongdoing to them.

Sure, that totally points to a system where the cops are poor victims who are justified in feeling under siege because people question their actions or criticize them sometimes.

quote:
Coffee breaks at the donut shop and harassing black guys for fun … ???
Your strawman convinces no one.

And they don't limit themselves to black guys, although black men do tend to produce the most reliable source of slave labor.

In the recent Minnesota case I have been citing (July 30, 2014), both the murderer and the officer were *white* … They were both also male, which is the best predictor of a problematic legal situation ("testosterone poisoning," which knows no bounds of race or economic status) …

What should Officer Scott Patrick have done differently in that Case … ???
 
Posted by saysay (# 6645) on :
 
quote:
Originally posted by Teilhard:
(2) You are suggesting that cops should perform routine traffic stops differently … ???? Yes or no … ????

I'm suggesting that if people were a little less afraid that any contact with police might result in their death - if they thought that they would treated with respect - there might be less violence between police and citizens.
 
Posted by saysay (# 6645) on :
 
quote:
Originally posted by Teilhard:
In the recent Minnesota case I have been citing (July 30, 2014), both the murderer and the officer were *white*

??? How is this a response to what I said?
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by saysay:
quote:
Originally posted by Teilhard:
(2) You are suggesting that cops should perform routine traffic stops differently … ???? Yes or no … ????

I'm suggesting that if people were a little less afraid that any contact with police might result in their death - if they thought that they would treated with respect - there might be less violence between police and citizens.
Oh, please … VERY VERY few "contacts with police" result in the death of a citizen … It is RARE, which is why it makes the evening news and provokes so much interest and anxiety …

OTOH, when a citizen is caught breaking the law, it does often result in a *ticket* (which can bring an expensive fine) or an arrest (which can be both expensive and a huge complication) …

I know this from actual experience … A few years ago I got a speeding ticket, which I earned by driving something like 42 MPH in a 30 zone … It cost me $137 … (But, no … I didn't try to run away …)
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by saysay:
quote:
Originally posted by Teilhard:
In the recent Minnesota case I have been citing (July 30, 2014), both the murderer and the officer were *white*

??? How is this a response to what I said?
You posted something (above) about "black guys" as a "reliable source of slave labor" …

Not all crooks are *black* … and not all police-citizen encounters are ANYTHING about "race" ...
 
Posted by saysay (# 6645) on :
 
quote:
Originally posted by Teilhard:
Oh, please … VERY VERY few "contacts with police" result in the death of a citizen … It is RARE, which is why it makes the evening news and provokes so much interest and anxiety …

I believe the last time we had this exchange I asked you in what universe one death every eight hours counts as rare. I don't believe you answered my question.

Citizens are far more likely to be killed by police than police are to be killed by citizens. And that's not counting the more routine beatings that don't lead to death. And it doesn't usually make the news unless there's mass protesting unless you're living in Bizarro world.

But I'm also guessing you're not going to care until it happens to you or someone you love.

quote:
You posted something (above) about "black guys" as a "reliable source of slave labor" …

Not all crooks are *black* … and not all police-citizen encounters are ANYTHING about "race" ...

Are you more of a 'no shit Sherlock' or 'thank you Captain Obvious' type of person?

Do you deny that the majority of prisoners (modern day slave labor) currently being held in the US are black or brown men?
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by saysay:
quote:
Originally posted by Teilhard:
Oh, please … VERY VERY few "contacts with police" result in the death of a citizen … It is RARE, which is why it makes the evening news and provokes so much interest and anxiety …

I believe the last time we had this exchange I asked you in what universe one death every eight hours counts as rare. I don't believe you answered my question.

Citizens are far more likely to be killed by police than police are to be killed by citizens. And that's not counting the more routine beatings that don't lead to death. And it doesn't usually make the news unless there's mass protesting unless you're living in Bizarro world.

But I'm also guessing you're not going to care until it happens to you or someone you love.

quote:
You posted something (above) about "black guys" as a "reliable source of slave labor" …

Not all crooks are *black* … and not all police-citizen encounters are ANYTHING about "race" ...

Are you more of a 'no shit Sherlock' or 'thank you Captain Obvious' type of person?

Do you deny that the majority of prisoners (modern day slave labor) currently being held in the US are black or brown men?

Having served as a chaplain in a super-max for adult male felons and having visited not a few persons in other correctional facilities, I know that the snarky bit about "slave labor" is simply nonsense …

But, yes … Persons of color are far overrepresented in "the system," which is a long standing well documented tragedy …

In addition, a large percentage of corrections residents are chronically mentally ill and/or have serious addiction problems and belong is a state hospital rather than a jail or prison …

I don't see the South Carolina case as being any example of these problems, however ...
 
Posted by saysay (# 6645) on :
 
quote:
Originally posted by Teilhard:
Having served as a chaplain in a super-max for adult male felons and having visited not a few persons in other correctional facilities, I know that the snarky bit about "slave labor" is simply nonsense …

What do you call it when the state chooses who to incarcerate, pays them sometimes as little as 18 cents an hour in order to not only do jobs necessary to the running of the prison, but also to manufacture furniture which is in large part used to furnish state office buildings? And then charges them more than $1/hour to talk on the phone, and then hits them with a bunch of fines and fees they'll never be able to pay when they get out, thus practically guaranteeing that they will return?

quote:
I don't see the South Carolina case as being any example of these problems, however ...
You seem to be missing the point: this thread is titled Ferguson and its implications. Most of the people on it are trying to talk about the systemic problems. You, on the other hand, seem to be intent on insisting that every case is an isolated incident.

They are not isolated incidents. In the past week, the cops in my city (not state: city) have shot one person (not fatally), beaten one person to death, and sent three more (including a toddler) to the hospital by hitting them with their car.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by saysay:
quote:
Originally posted by Teilhard:
Having served as a chaplain in a super-max for adult male felons and having visited not a few persons in other correctional facilities, I know that the snarky bit about "slave labor" is simply nonsense …

What do you call it when the state chooses who to incarcerate, pays them sometimes as little as 18 cents an hour in order to not only do jobs necessary to the running of the prison, but also to manufacture furniture which is in large part used to furnish state office buildings? And then charges them more than $1/hour to talk on the phone, and then hits them with a bunch of fines and fees they'll never be able to pay when they get out, thus practically guaranteeing that they will return?

quote:
I don't see the South Carolina case as being any example of these problems, however ...
You seem to be missing the point: this thread is titled Ferguson and its implications. Most of the people on it are trying to talk about the systemic problems. You, on the other hand, seem to be intent on insisting that every case is an isolated incident.

They are not isolated incidents. In the past week, the cops in my city (not state: city) have shot one person (not fatally), beaten one person to death, and sent three more (including a toddler) to the hospital by hitting them with their car.

Certainly one option that a resident may choose is to stay in his cell all day rather than do some useful and interesting work for which he is paid (indeed at a VERY low rate) … The reason, however, that prison industries in general operate as they do is so as not to compete with industries on the *outside* ...

Yes, it is true that SOCIETY (acting through the state) makes mistakes in both social justice and in legal questions … These can be and should be reformed …

But they are a DIFFERENT question that the social glue of "respect for the Laws" …

The kid in Ferguson and the guy in South Carolina unfortunately chose for themselves to break the Laws …

No … I do not see the individual cases as "isolated incidents," but as "cases" ...
 
Posted by saysay (# 6645) on :
 
quote:
Originally posted by Teilhard:

But they are a DIFFERENT question that the social glue of "respect for the Laws" …

And do you not understand that slavery and segregation etc. were once "laws" that deserved no "respect"?

quote:
The kid in Ferguson and the guy in South Carolina unfortunately chose for themselves to break the Laws …

No … I do not see the individual cases as "isolated incidents," but as "cases" ...

Right. "cases"... in which people "chose for themselves"... Seriously, what is it with you and your three question marks and periods while defending the undefensible?
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by saysay:
quote:
Originally posted by Teilhard:

But they are a DIFFERENT question that the social glue of "respect for the Laws" …

And do you not understand that slavery and segregation etc. were once "laws" that deserved no "respect"?

quote:
The kid in Ferguson and the guy in South Carolina unfortunately chose for themselves to break the Laws …

No … I do not see the individual cases as "isolated incidents," but as "cases" ...

Right. "cases"... in which people "chose for themselves"... Seriously, what is it with you and your three question marks and periods while defending the undefensible?

Huh … Requiring that a motor vehicle in South Carolina must have functioning brake lights is a law akin to "segregation" and it is a law that "deserves no respect" … ???? Really … ???? Why … ????
 
Posted by Teilhard (# 16342) on :
 
But, seriously …
(Aside from imposed limitations on use of *question*marks*)
What specific reforms do you suggest … ???
 
Posted by Palimpsest (# 16772) on :
 
quote:
Originally posted by Teilhard:
… I have not "defended" the South Carolina officer … I simply want to know what happened, and why … before I join in a chorus of condemnation … I do note that he has been both charged and fired …

See, it ISN'T the case that "cops can get away with anything" ...

We were talking about the investigation of the prior complaint where you just defended the investigation as "cut and dried" Remember. You seem to be able to leap to that conclusion just fine.


quote:

As I understand that previous case, it was indeed a cut*and*dried situation that certainly didn't require some extensive huge "investigation" …

See … Police officers aren't showing up at a front door to sell tickets to the Policemens' Ball … They're doing work that is inherently dangerous …

It is not too dangerous for the police officer investigating the complaint to actually talk to the complainant and witnesses to see what they have to say rather than just listen to the policeman.
 
Posted by Eutychus (# 3081) on :
 
quote:
Originally posted by Teilhard:
(1) Brian Fitch shot Officer Patrick face*to*face, and then in the head -- NOT in the back …

(2) You are suggesting that cops should perform routine traffic stops differently … ???? Yes or no … ????

I fail to see what bearing this has on the recent S. Carolina case. My view of this and the other high-profile cases discussed is that a police culture of impunity in which officers think they can get away with shooting fleeing suspects who are a posing no immediate threat to them needs changing (and would, I suspect, make incidents like the one you relate less likely).

Your sole argument seems to be "perps should behave better". Your self-righteous assertion that you paid your traffic fine like a nice model citizen and escaped unscathed suggests to me that you have zero empathy for people who might have good reason to expect they won't get a fair deal from law enforcement and whose sole experience of it has been unfair.

Did you really not learn anything from the guys you met in the supermax about that reality? Or did you believe that the prosecutors, cops and judges never once bent the truth in their own favour, or failed to implement due process, to secure a conviction?

The guy was wrong to run and his flight was most probably motivated by guilt for something more than his tail light, but he doesn't deserve to be summarily executed. Off the top of my head, from my prison experience I can think of three people straight away who fled police. All three are complete delinquents but I'm very glad they are alive and got their day in court - and so I would think are their families.

As I said earlier, physical danger goes with the territory of being in uniform, but it is not a license to perform summary justice - something the cop in the video I linked to clearly understood better than you do.

[ 20. April 2015, 05:20: Message edited by: Eutychus ]
 
Posted by Eliab (# 9153) on :
 
quote:
Originally posted by Teilhard:
Should he have performed his (supposedly routine) police duty differently … ??? How so … ???

You keep going on about this case - wWhy do you think that it is relevant?

I think we can all agree that shooting a cop who pulls you over is murder. And, assuming the shooter here acted with any sort of premeditation and self-control, there may well been absolutely nothing the victim could have done about it. Guns are dangerous. Pistols, particularly, can be kept hidden until just before firing, and a single shot can kill, so there will be gun murders where the victim simply has no chance to escape. This is not fair, or right, or just - it's just how guns work.

You seem to be arguing that the murder of a police officer by a motorist in Minnesota somehow (partially) excuses a trigger-happy cop in South Carolina when he shoots an unarmed, fleeing, man who was presenting no threat whatsoever. If you're right (hint: you're not) by the same logic the fatal shooting of a black man in Missouri by a police officer would have to excuse a black man in South Carolina running from an armed cop.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Eutychus:
quote:
Originally posted by Teilhard:
(1) Brian Fitch shot Officer Patrick face*to*face, and then in the head -- NOT in the back …

(2) You are suggesting that cops should perform routine traffic stops differently … ???? Yes or no … ????

I fail to see what bearing this has on the recent S. Carolina case. My view of this and the other high-profile cases discussed is that a police culture of impunity in which officers think they can get away with shooting fleeing suspects who are a posing no immediate threat to them needs changing (and would, I suspect, make incidents like the one you relate less likely).

Your sole argument seems to be "perps should behave better". Your self-righteous assertion that you paid your traffic fine like a nice model citizen and escaped unscathed suggests to me that you have zero empathy for people who might have good reason to expect they won't get a fair deal from law enforcement and whose sole experience of it has been unfair.

Did you really not learn anything from the guys you met in the supermax about that reality? Or did you believe that the prosecutors, cops and judges never once bent the truth in their own favour, or failed to implement due process, to secure a conviction?

The guy was wrong to run and his flight was most probably motivated by guilt for something more than his tail light, but he doesn't deserve to be summarily executed. Off the top of my head, from my prison experience I can think of three people straight away who fled police. All three are complete delinquents but I'm very glad they are alive and got their day in court - and so I would think are their families.

As I said earlier, physical danger goes with the territory of being in uniform, but it is not a license to perform summary justice - something the cop in the video I linked to clearly understood better than you do.

Again, I have consistently agreed that in the South Carolina case, given the facts as we now have them, charging and firing the cop was the correct thing … So …

I do note that no one -- except me -- in these exchanges has expressed any disgust or outrage at the "summary execution" of Officer Scott Patrick by Brian Fitch …

But, yes, I have learned a great deal through the years about "crime and punishment," including my my own time behind bars as a chaplain … E.g., virtually everybody held in custody resents it and a large percentage protest that they are in fact *innocent* ...
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Eliab:
quote:
Originally posted by Teilhard:
Should he have performed his (supposedly routine) police duty differently … ??? How so … ???

You keep going on about this case - wWhy do you think that it is relevant?

I think we can all agree that shooting a cop who pulls you over is murder. And, assuming the shooter here acted with any sort of premeditation and self-control, there may well been absolutely nothing the victim could have done about it. Guns are dangerous. Pistols, particularly, can be kept hidden until just before firing, and a single shot can kill, so there will be gun murders where the victim simply has no chance to escape. This is not fair, or right, or just - it's just how guns work.

You seem to be arguing that the murder of a police officer by a motorist in Minnesota somehow (partially) excuses a trigger-happy cop in South Carolina when he shoots an unarmed, fleeing, man who was presenting no threat whatsoever. If you're right (hint: you're not) by the same logic the fatal shooting of a black man in Missouri by a police officer would have to excuse a black man in South Carolina running from an armed cop.

One of the reasons I have several times presented the Officer Scott Patrick tragedy is simply to remind that patrol officers face such a possibility every hour of every day on the job …

I come from a law enforcement family and one of my own relatives, a great uncle, was murdered while investigating a burglary in progress … So, yes, as with all of us, I have life experiences and a point of view ..
 
Posted by Doc Tor (# 9748) on :
 
quote:
Originally posted by Teilhard:
One of the reasons I have several times presented the Officer Scott Patrick tragedy is simply to remind that patrol officers face such a possibility every hour of every day on the job

A job which has such a high in-work death rate, it doesn't even appear in the top 10 most dangerous jobs in the US.

Which is not to diminish the mental and physical risks officers may face, but talking them up does no one any favours - least of all the officers themselves.
 
Posted by Eutychus (# 3081) on :
 
quote:
One of the reasons I have several times presented the Officer Scott Patrick tragedy is simply to remind that patrol officers face such a possibility every hour of every day on the job …
And it certainly doesn't excuse unnecessary use of lethal force.

[edited for new page goodness]

[ 20. April 2015, 14:30: Message edited by: Eutychus ]
 
Posted by Eutychus (# 3081) on :
 
quote:
Originally posted by Teilhard:
E.g., virtually everybody held in custody resents it and a large percentage protest that they are in fact *innocent* ...

Well, I'm beginning to see what you learned in your time as chaplain. [Disappointed]

Yes, in my experience too, many of those imprisoned resent it, but a much smaller proportion protest their complete innocence.

Also in my experience, irrespective of actual guilt, not a small proportion of that resentment is down to improper procedures and the denial of a right to a fair trial.

While it's ironic to see how quickly delinquents and criminals become sticklers for the finer points of law when it works in their favour, that doesn't mean they shouldn't benefit from the law. That's the whole point of equality before the law.

If you're of the constituency that thinks "well, they probably did something so screw their right to proper treatment", I think this conversation is likely to continue in Hell.

OK, like everyone else you bring your own baggage to this thread, but throwing it all at us does not constitute a rational argument.

In particular, neither the way people behave in prison and how dangerous law enforcement is have anything to do with unlawful use of lethal force by police officers.

[ 20. April 2015, 14:40: Message edited by: Eutychus ]
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by Teilhard:
But they are a DIFFERENT question that the social glue of "respect for the Laws" …

Why, exactly, is the system of fraudulent charges and predatory policing that existed (exists?) in Ferguson worthy of respect?

quote:
Originally posted by Teilhard:
Certainly one option that a resident may choose is to stay in his cell all day rather than do some useful and interesting work for which he is paid (indeed at a VERY low rate) … The reason, however, that prison industries in general operate as they do is so as not to compete with industries on the *outside* ...

Could you expand on this a bit? How is it possible that prison-based clothing or furniture manufacture (for instance) does not compete with similar industries on the "outside"?
 
Posted by Eliab (# 9153) on :
 
quote:
Originally posted by Teilhard:
I do note that no one -- except me -- in these exchanges has expressed any disgust or outrage at the "summary execution" of Officer Scott Patrick by Brian Fitch …

Several reasons:

1) No one has tried to excuse or defend the killer;

2) No one has tried to blame to victim;

3) Disapproval of unprovoked murder can usually be assumed unless someone is trying to excuse or defend the killer, or blame the victim;

4) Terrible though it is for a police officer to be murdered by a gun-happy psychopath, we all know that there are dangerous people in the world and always will be. We have low moral expectations of such people;

5) We don't expect our police officers to act like gun-happy psychopaths. We trust them to behave better than that. There is an additional level of outrage when a police officer uses unnecessary lethal violence than when an ordinary criminal does so.

That police officers are (sometimes) at risk is unfortunately true. It's a relevant fact to take account of in something like the Ferguson shooting, where there was some reason to think that the officer genuine thought that they were under threat. It's completely irrelevant to the case of an officer shooting an unarmed, fleeing, non-threatening citizen in the back.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Doc Tor:
quote:
Originally posted by Teilhard:
One of the reasons I have several times presented the Officer Scott Patrick tragedy is simply to remind that patrol officers face such a possibility every hour of every day on the job

A job which has such a high in-work death rate, it doesn't even appear in the top 10 most dangerous jobs in the US.

Which is not to diminish the mental and physical risks officers may face, but talking them up does no one any favours - least of all the officers themselves.

Oh, yes … Commercial fishing, mining, logging, farming -- are all dangerous occupations …

But the idea then that one should just -- *shrug* -- when a police officer is murdered … ???

I suppose we could look at it this way -- EVERY human being is mortal and will die some day, generally from *something* …

So … Death … ??? Not really a big deal … Everybody does it sooner or later …

So, a guy shot in the back … ??? … Well, people die every day … So … *shrug* … Murder … ??? No big deal … ???

[ 20. April 2015, 16:50: Message edited by: Teilhard ]
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Eutychus:
quote:
One of the reasons I have several times presented the Officer Scott Patrick tragedy is simply to remind that patrol officers face such a possibility every hour of every day on the job …
And it certainly doesn't excuse unnecessary use of lethal force.

[edited for new page goodness]

I agree …
The dangers and rigors of police work certain do not "excuse unnecessary use of lethal force" … I have never claimed such a thing …

So … ???

OTOH, neither race nor gender nor religion nor economic status "excuse" anti-social behavior, either … Do they … ???
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by Teilhard:
OTOH, neither race nor gender nor religion nor economic status "excuse" anti-social behavior, either … Do they … ???

This sounds vaguely familiar (p. 5):

quote:
City officials have frequently asserted that the harsh and disparate results of Ferguson’s law enforcement system do not indicate problems with police or court practices, but instead reflect a pervasive lack of “personal responsibility” among “certain segments” of the community. Our investigation has found that the practices about which area residents have complained are in fact unconstitutional and unduly harsh. But the City’s personal-responsibility refrain is telling: it reflects many of the same racial stereotypes found in the emails between police and court supervisors. This evidence of bias and stereotyping, together with evidence that Ferguson has long recognized but failed to correct the consistent racial disparities caused by its police and court practices, demonstrates that the discriminatory effects of Ferguson’s conduct are driven at least in part by discriminatory intent in violation of the Fourteenth Amendment.
Yup, if only "those people" were better behaved!
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Crœsos:
quote:
Originally posted by Teilhard:
But they are a DIFFERENT question that the social glue of "respect for the Laws" …

Why, exactly, is the system of fraudulent charges and predatory policing that existed (exists?) in Ferguson worthy of respect?

quote:
Originally posted by Teilhard:
Certainly one option that a resident may choose is to stay in his cell all day rather than do some useful and interesting work for which he is paid (indeed at a VERY low rate) … The reason, however, that prison industries in general operate as they do is so as not to compete with industries on the *outside* ...

Could you expand on this a bit? How is it possible that prison-based clothing or furniture manufacture (for instance) does not compete with similar industries on the "outside"?

Prison industries (in the USA) are small operations not run for profit and don't compete with *outside* companies by a bidding process or such … Their reason for being is not "economic," but rather for institutional reasons and in some cases, rehabilitation ...
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Crœsos:
quote:
Originally posted by Teilhard:
OTOH, neither race nor gender nor religion nor economic status "excuse" anti-social behavior, either … Do they … ???

This sounds vaguely familiar (p. 5):

quote:
City officials have frequently asserted that the harsh and disparate results of Ferguson’s law enforcement system do not indicate problems with police or court practices, but instead reflect a pervasive lack of “personal responsibility” among “certain segments” of the community. Our investigation has found that the practices about which area residents have complained are in fact unconstitutional and unduly harsh. But the City’s personal-responsibility refrain is telling: it reflects many of the same racial stereotypes found in the emails between police and court supervisors. This evidence of bias and stereotyping, together with evidence that Ferguson has long recognized but failed to correct the consistent racial disparities caused by its police and court practices, demonstrates that the discriminatory effects of Ferguson’s conduct are driven at least in part by discriminatory intent in violation of the Fourteenth Amendment.
Yup, if only "those people" were better behaved!

The situation in Ferguson, Missouri was indeed not simply unfortunate by deeply unjust … but it is not a typical community, either …

But my point still stands …
Gender, age, race, economic status, religion, political views, etc., do NOT "excuse" anti-social behavior … Do they … ???
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Eutychus:
quote:
Originally posted by Teilhard:
E.g., virtually everybody held in custody resents it and a large percentage protest that they are in fact *innocent* ...

Well, I'm beginning to see what you learned in your time as chaplain. [Disappointed]

Yes, in my experience too, many of those imprisoned resent it, but a much smaller proportion protest their complete innocence.

Also in my experience, irrespective of actual guilt, not a small proportion of that resentment is down to improper procedures and the denial of a right to a fair trial.

While it's ironic to see how quickly delinquents and criminals become sticklers for the finer points of law when it works in their favour, that doesn't mean they shouldn't benefit from the law. That's the whole point of equality before the law.

If you're of the constituency that thinks "well, they probably did something so screw their right to proper treatment", I think this conversation is likely to continue in Hell.

OK, like everyone else you bring your own baggage to this thread, but throwing it all at us does not constitute a rational argument.

In particular, neither the way people behave in prison and how dangerous law enforcement is have anything to do with unlawful use of lethal force by police officers.

A large percentage of jail/prison residents committed crime(s) while intoxicated on *something* and many of those have frank addiction problems … Many incarcerated persons also struggle with serious mental illness … and many have a serious underlying personality disorder …

Dealing with these difficult social problems isn't easy …
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by Teilhard:
Prison industries (in the USA) are small operations not run for profit and don't compete with *outside* companies by a bidding process or such … Their reason for being is not "economic," but rather for institutional reasons and in some cases, rehabilitation ...

I'm not sure what your criteria are for "small operations", but US$1 billion per year wouldn't seem like it's "small" in anyone's estimation. Having a large (by everyone's estimation except yours) competitor that can pay below minimum wage, doesn't have to return a profit to shareholders, and doesn't have to go through the bidding process would seem to put any similar business at a significant disadvantage. Claiming that there's no economic competition involved would seem to rest on the assumption that the U.S. military wouldn't bother supplying its troops with uniforms (to take one example) if it couldn't do so through prison labor. To say this is a dubious assumption gives it too much credit.
 
Posted by Eutychus (# 3081) on :
 
quote:
Originally posted by Teilhard:
But my point still stands …
Gender, age, race, economic status, religion, political views, etc., do NOT "excuse" anti-social behavior … Do they … ???

By harping on about this "point" on this thread, the strong implication is that you believe that this "point" mitigates (or even justifies) the unlawful use of excessive and lethal force by the police.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Crœsos:
quote:
Originally posted by Teilhard:
Prison industries (in the USA) are small operations not run for profit and don't compete with *outside* companies by a bidding process or such … Their reason for being is not "economic," but rather for institutional reasons and in some cases, rehabilitation ...

I'm not sure what your criteria are for "small operations", but US$1 billion per year wouldn't seem like it's "small" in anyone's estimation. Having a large (by everyone's estimation except yours) competitor that can pay below minimum wage, doesn't have to return a profit to shareholders, and doesn't have to go through the bidding process would seem to put any similar business at a significant disadvantage. Claiming that there's no economic competition involved would seem to rest on the assumption that the U.S. military wouldn't bother supplying its troops with uniforms (to take one example) if it couldn't do so through prison labor. To say this is a dubious assumption gives it too much credit.
NO jail or prison in the USA operates for or at a profit … Incarceration is a VERY expensive thing … Again, prison industries are in place for two reasons: (1) to keep residents busy during the day and, (2) rehabilitation ...
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Eutychus:
quote:
Originally posted by Teilhard:
But my point still stands …
Gender, age, race, economic status, religion, political views, etc., do NOT "excuse" anti-social behavior … Do they … ???

By harping on about this "point" on this thread, the strong implication is that you believe that this "point" mitigates (or even justifies) the unlawful use of excessive and lethal force by the police.
Nope, I hold no such view …

Nor do I think that "race" should play any role in policing -- at all … Nobody should be stopped for "driving while black," nor should a guy be excused for resisting arrest because of his ethnicity ...

[ 20. April 2015, 17:34: Message edited by: Teilhard ]
 
Posted by Doc Tor (# 9748) on :
 
quote:
Originally posted by Teilhard:
But the idea then that one should just -- *shrug* -- when a police officer is murdered … ???

Point to somewhere in this thread where someone's said that. Double-dare ya.

All you've got is rhetoric. And no one is convinced.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Doc Tor:
quote:
Originally posted by Teilhard:
But the idea then that one should just -- *shrug* -- when a police officer is murdered … ???

Point to somewhere in this thread where someone's said that. Double-dare ya.

All you've got is rhetoric. And no one is convinced.

What has most often happened (above) is a comment that, "Police work really isn't so dangerous … " and/or, (implied), "Cops bring this on themselves by the way they treat people …"
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by Teilhard:
NO jail or prison in the USA operates for or at a profit …

False! Like every other government function, a significant number of American prisons have been privatized. According to Wikipedia [caveat lector] the largest American for-profit prison operator had US$162.51 million in net income (a.k.a. profit) according to its 2011 financial statements. (Update yourself, Wikipedia!) Now you can argue that prisons shouldn't be operated for profit, but the fact is that they are.

quote:
Originally posted by Teilhard:
Incarceration is a VERY expensive thing … Again, prison industries are in place for two reasons: (1) to keep residents busy during the day and, (2) rehabilitation ...

Which has nothing at all to do with your earlier assertion that prison labor doesn't "compete with industries on the *outside*". If you're providing a service directly comparable to other entities, you're competing with them. The only way you can claim there's no competition is to argue that the services provided would not be sought in the private sector if not available via prison labor, which seems a dubious proposition for a lot of the military equipment being produced.
 
Posted by Eutychus (# 3081) on :
 
quote:
Originally posted by Teilhard:
NO jail or prison in the USA operates for or at a profit

[Killing me]
quote:
In their 2011 third-quarter earnings report, the GEO group proudly announced an increase in profits from the previous year. This joyous news can be at least partially attributed to changes in immigration law, particularly in states like Arizona and Oklahoma, which allow for, among other things, the indefinite detention of illegal immigrants, including those whose asylum proceedings are underway. The majority of immigrants who are picked up by law enforcement officials, mostly on civil charges, like being caught with a broken tail light for instance, will end up in privately run prisons. In many of these facilities, they will be charged $5 per minute to call their loved ones, whilst earning $1 per day for their labor, from which the corporation running the facility will profit.
Source

That didn't take long to find. Do you have anything to back up your assertion other than series of question marks or ellipses?
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by Teilhard:
The situation in Ferguson, Missouri was indeed not simply unfortunate by deeply unjust … but it is not a typical community, either …

What, exactly, are you basing this on? I know we'd all like to believe Ferguson was some anomalous outlier, but given the differential outcomes for black and white Americans' encounters with their justice system, this seems more aspirational than descriptive.

quote:
Originally posted by Teilhard:
What has most often happened (above) is a comment that, "Police work really isn't so dangerous … " and/or, (implied), "Cops bring this on themselves by the way they treat people …"

Bring what on themselves? Increased scrutiny of their claims? Why, exactly, would a skeptical approach to the Ferguson government's assertion that they have no problem with racism in its justice system be unjustified given their behavior?
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Crœsos:
quote:
Originally posted by Teilhard:
NO jail or prison in the USA operates for or at a profit …

False! Like every other government function, a significant number of American prisons have been privatized. According to Wikipedia [caveat lector] the largest American for-profit prison operator had US$162.51 million in net income (a.k.a. profit) according to its 2011 financial statements. (Update yourself, Wikipedia!) Now you can argue that prisons shouldn't be operated for profit, but the fact is that they are.

quote:
Originally posted by Teilhard:
Incarceration is a VERY expensive thing … Again, prison industries are in place for two reasons: (1) to keep residents busy during the day and, (2) rehabilitation ...

Which has nothing at all to do with your earlier assertion that prison labor doesn't "compete with industries on the *outside*". If you're providing a service directly comparable to other entities, you're competing with them. The only way you can claim there's no competition is to argue that the services provided would not be sought in the private sector if not available via prison labor, which seems a dubious proposition for a lot of the military equipment being produced.

The private prison system holds about 10% of residents nationwide … NO prison or jail run by a county or a state or by the Feds operates at a profit …

The annual cost of running all jails/prisons combined in the USA is around $75,000,000,000 …
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by Teilhard:
What has most often happened (above) is a comment that, "Police work really isn't so dangerous … "

It simply isn't as dangerous as many police would have the public believe. You cannot simultaneously have "Most police do not fire their weapon in the line of duty" with "It's a combat zone Out There, people".
quote:
Originally posted by Teilhard:

and/or, (implied), "Cops bring this on themselves by the way they treat people …"

However, this is the very logic you use about fleeing arrest....
 
Posted by Eutychus (# 3081) on :
 
quote:
Originally posted by Teilhard:
NO jail or prison in the USA operates for or at a profit …

(...)

quote:
Originally posted by Teilhard:
NO prison or jail run by a county or a state or by the Feds operates at a profit …

Instead of shifting your ground, how about conceding that your initial assertion was flat out wrong?

[ 20. April 2015, 18:41: Message edited by: Eutychus ]
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by Teilhard:
The private prison system holds about 10% of residents nationwide … NO prison or jail run by a county or a state or by the Feds operates at a profit …

Which translates to "NO jail or prison in the USA operates for or at a profit … except for the ones that do". While undeniably true, it's hardly a breathtakingly insightful observation.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by lilBuddha:
quote:
Originally posted by Teilhard:
What has most often happened (above) is a comment that, "Police work really isn't so dangerous … "

It simply isn't as dangerous as many police would have the public believe. You cannot simultaneously have "Most police do not fire their weapon in the line of duty" with "It's a combat zone Out There, people".
quote:
Originally posted by Teilhard:

and/or, (implied), "Cops bring this on themselves by the way they treat people …"

However, this is the very logic you use about fleeing arrest....

No …
"Resisting arrest" and/or "fleeing a police officer" is a crime and is and should be treated as such …

Apparently you, however, think it should be optional to pull over and stop for the emergency lights behind you … ??? … and being placed "under arrest" should be always purely only voluntary … ??? … and producing a driver's license should be your choice alone … ???
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Crœsos:
quote:
Originally posted by Teilhard:
The private prison system holds about 10% of residents nationwide … NO prison or jail run by a county or a state or by the Feds operates at a profit …

Which translates to "NO jail or prison in the USA operates for or at a profit … except for the ones that do". While undeniably true, it's hardly a breathtakingly insightful observation.
Ummm … Yes … Any and every *for*profit* company necessarily operates at a profit or it quickly goes out if business …

The vast majority -- 90% -- of jails and prisons in America are government owned and operated and operate at a staggering LOSS …

The "slave labor" bit is just silly ...
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by Teilhard:
NO prison or jail run by a county or a state or by the Feds operates at a profit …

This is a true statement that means nothing. AFAIK, no US governmental agency is allowed a profit. Even should an agency bring in more revenue than it costs, it is not profit in the business sense. The word you may be looking for is surplus.
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by Teilhard:

The vast majority -- 90% -- of jails and prisons in America are government owned and operated and operate at a staggering LOSS …

The "slave labor" bit is just silly ...

Not so silly.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by lilBuddha:
quote:
Originally posted by Teilhard:
NO prison or jail run by a county or a state or by the Feds operates at a profit …

This is a true statement that means nothing. AFAIK, no US governmental agency is allowed a profit. Even should an agency bring in more revenue than it costs, it is not profit in the business sense. The word you may be looking for is surplus.
NO government operated jail or prison in America generates either a net "profit" or a "surplus" or any such thing ...
 
Posted by Eutychus (# 3081) on :
 
quote:
Originally posted by Teilhard:
NO government operated jail or prison in America generates either a net "profit" or a "surplus" or any such thing ...

Last chance: do you concede this is nowhere near what you initially asserted, to whit:
quote:
Originally posted by Teilhard:
NO jail or prison in the USA operates for or at a profit …


 
Posted by Doc Tor (# 9748) on :
 
quote:
Originally posted by Teilhard:
quote:
Originally posted by Doc Tor:
quote:
Originally posted by Teilhard:
But the idea then that one should just -- *shrug* -- when a police officer is murdered … ???

Point to somewhere in this thread where someone's said that. Double-dare ya.

All you've got is rhetoric. And no one is convinced.

What has most often happened (above) is a comment that, "Police work really isn't so dangerous … " and/or, (implied), "Cops bring this on themselves by the way they treat people …"
So, you can't. Even if law enforcement was the safest profession on the planet, you'd still be struggling to find anyone who'd just shrug at the murder of just one officer.

You need to recalibrate your outrage meter, and read what people are actually saying.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Eutychus:
quote:
Originally posted by Teilhard:
NO government operated jail or prison in America generates either a net "profit" or a "surplus" or any such thing ...

Last chance: do you concede this is nowhere near what you initially asserted, to whit:
quote:
Originally posted by Teilhard:
NO jail or prison in the USA operates for or at a profit …


Apples and oranges …
Armed (private) security guards aren't police officers, either ...
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Doc Tor:
quote:
Originally posted by Teilhard:
quote:
Originally posted by Doc Tor:
quote:
Originally posted by Teilhard:
But the idea then that one should just -- *shrug* -- when a police officer is murdered … ???

Point to somewhere in this thread where someone's said that. Double-dare ya.

All you've got is rhetoric. And no one is convinced.

What has most often happened (above) is a comment that, "Police work really isn't so dangerous … " and/or, (implied), "Cops bring this on themselves by the way they treat people …"
So, you can't. Even if law enforcement was the safest profession on the planet, you'd still be struggling to find anyone who'd just shrug at the murder of just one officer.

You need to recalibrate your outrage meter, and read what people are actually saying.

I think my "outrage meter" is well calibrated, thank you ...
 
Posted by chris stiles (# 12641) on :
 
quote:
Originally posted by Teilhard:
Apples and oranges …
Armed (private) security guards aren't police officers, either ...

[Roll Eyes] So, to whit. There are no private prisons in the US. Even if there are they make no money, and anyway they aren't real prisons.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by chris stiles:
quote:
Originally posted by Teilhard:
Apples and oranges …
Armed (private) security guards aren't police officers, either ...

[Roll Eyes] So, to whit. There are no private prisons in the US. Even if there are they make no money, and anyway they aren't real prisons.
About 10% of incarcerated persons are in private for profit facilities …
About 90% are in jails/prisons that are owned and run by the government … NO government jail or prison in America operates at a profit …

Unfortunately, of course all of these facts directly reflect the will -- and anxiety -- of voters/taxpayers …

But, yes, it is VERY expensive to keep a person in jail or prison … It just is ...
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by Teilhard:
NO government operated jail or prison in America generates either a net "profit" or a "surplus" or any such thing ...

If you cannot be bothered to understand how your government works, re funding, I will not be bothered to instruct you.
And, as your argument does not reflect having read my link, I will quote a relevant part to you.
quote:
Who is investing? At least 37 states have legalized the contracting of prison labor by private corporations that mount their operations inside state prisons. The list of such companies contains the cream of U.S. corporate society: IBM, Boeing, Motorola, Microsoft, AT&T, Wireless, Texas Instrument, Dell, Compaq, Honeywell, Hewlett-Packard, Nortel, Lucent Technologies, 3Com, Intel, Northern Telecom, TWA, Nordstrom’s, Revlon, Macy’s, Pierre Cardin, Target Stores, and many more. All of these businesses are excited about the economic boom generation by prison labor. Just between 1980 and 1994, profits went up from $392 million to $1.31 billion. Inmates in state penitentiaries generally receive the minimum wage for their work, but not all; in Colorado, they get about $2 per hour, well under the minimum. And in privately-run prisons, they receive as little as 17 cents per hour for a maximum of six hours a day, the equivalent of $20 per month. The highest-paying private prison is CCA in Tennessee, where prisoners receive 50 cents per hour for what they call “highly skilled positions.” At those rates, it is no surprise that inmates find the pay in federal prisons to be very generous. There, they can earn $1.25 an hour and work eight hours a day, and sometimes overtime. They can send home $200-$300 per month.
Italics and bold mine.
It is not private prison v. state prison, but making a profit from prisoners. The selling point is that these profits offset the costs of incarceration. The reality is that incarceration has increased, even though crime has gone down.

[ 20. April 2015, 20:00: Message edited by: lilBuddha ]
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by lilBuddha:
quote:
Originally posted by Teilhard:
NO government operated jail or prison in America generates either a net "profit" or a "surplus" or any such thing ...

If you cannot be bothered to understand how your government works, re funding, I will not be bothered to instruct you.
And, as your argument does not reflect having read my link, I will quote a relevant part to you.
quote:
Who is investing? At least 37 states have legalized the contracting of prison labor by private corporations that mount their operations inside state prisons. The list of such companies contains the cream of U.S. corporate society: IBM, Boeing, Motorola, Microsoft, AT&T, Wireless, Texas Instrument, Dell, Compaq, Honeywell, Hewlett-Packard, Nortel, Lucent Technologies, 3Com, Intel, Northern Telecom, TWA, Nordstrom’s, Revlon, Macy’s, Pierre Cardin, Target Stores, and many more. All of these businesses are excited about the economic boom generation by prison labor. Just between 1980 and 1994, profits went up from $392 million to $1.31 billion. Inmates in state penitentiaries generally receive the minimum wage for their work, but not all; in Colorado, they get about $2 per hour, well under the minimum. And in privately-run prisons, they receive as little as 17 cents per hour for a maximum of six hours a day, the equivalent of $20 per month. The highest-paying private prison is CCA in Tennessee, where prisoners receive 50 cents per hour for what they call “highly skilled positions.” At those rates, it is no surprise that inmates find the pay in federal prisons to be very generous. There, they can earn $1.25 an hour and work eight hours a day, and sometimes overtime. They can send home $200-$300 per month.
Italics and bold mine.
It is not private prison v. state prison, but making a profit from prisoners. The selling point is that these profits offset the costs of incarceration. The reality is that incarceration has increased, even though crime has gone down.

Do the math …
The annual cost of jails and prisons in the USA is around $75,000,000,000 … (that's 75 BILLION dollars) ...
 
Posted by Teilhard (# 16342) on :
 
But, okay …

Should there be NO meaningful productive work done by incarcerated persons … ??? NONE at all … ???

They should instead just spend the day -- what -- lifting weights, shooting baskets, watching TV, hanging out with the other guys … ???
 
Posted by Eutychus (# 3081) on :
 
I'm through with trying to have an intelligent, on-topic discussion with you here. Try here instead.
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by Teilhard:
Do the math …

Do the thinking. Profit if profit is to be made, this will be the incentive, not whether people should be incarcerated.
If a local agency can find a source to help defray local costs, they will. This, more than proper treatment, will inform who they arrest and how long they keep them.
It does not matter that the system costs more than the amount they get in return, but that components within that system see benefit.

[ 20. April 2015, 20:09: Message edited by: lilBuddha ]
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Eutychus:
I'm through with trying to have an intelligent, on-topic discussion with you here. Try here instead.

You don't really want to have a discussion …
You only want everybody to agree with you …
I get it ...
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by Teilhard:
quote:
Originally posted by Eutychus:
I'm through with trying to have an intelligent, on-topic discussion with you here. Try here instead.

You don't really want to have a discussion …
You only want everybody to agree with you …
I get it ...

Go ahead, cross the road and find out.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by lilBuddha:
quote:
Originally posted by Teilhard:
Do the math …

Do the thinking. Profit if profit is to be made, this will be the incentive, not whether people should be incarcerated.
If a local agency can find a source to help defray local costs, they will. This, more than proper treatment, will inform who they arrest and how long they keep them.
It does not matter that the system costs more than the amount they get in return, but that components within that system see benefit.

One could, I suppose, try to cut expenses by having positions staffed by unpaid volunteers … Or/and, by cutting amenities to ZERO -- no weight room, no basketball court, no availability of cable TV … NO dessert included with supper … NO therapy or education programs … Just lock 'em up ...

In my own experience behind bars, I came to a very realistic view of "the system" …

Depriving an offender of her/his general liberty is THE ultimate punishment for anti-social behavior … The jail/prison experience is designed to be sufficiently unpleasant as to encourage resolve to "go straight" upon release …

But mostly, jail/prison time is the ultimate restraint upon a person who has demonstrated a socially dangerous lack of either will or ability to control his/her own impulses and behavior … It is like being in handcuffs and shackles for a LONG time …

Having actually *been*there* I am indeed entirely sympathetic to residents/inmates and I have known for decades that we lock up many of the wrong people (addicts; mentally ill) ...

[ 20. April 2015, 20:32: Message edited by: Teilhard ]
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by lilBuddha:
quote:
Originally posted by Teilhard:
quote:
Originally posted by Eutychus:
I'm through with trying to have an intelligent, on-topic discussion with you here. Try here instead.

You don't really want to have a discussion …
You only want everybody to agree with you …
I get it ...

Go ahead, cross the road and find out.
I'm here … I'm posting to the topics …

The fact is that I don't just join harmoniously in the chorus of anti-police songs, and that seems to be a problem for some …

I do post out of my own life experience and long reflection on it ...
 
Posted by Doc Tor (# 9748) on :
 
quote:
Originally posted by Teilhard:
The fact is that I don't just join harmoniously in the chorus of anti-police songs, and that seems to be a problem for some …

Again, where? Unless you believe that holding the police to the same standard of the law as civilians is "anti-police", then this is just rhetoric with no basis in fact.

You're consistently misrepresenting people's posts and opinions. It's making you look stupid. Why would you want to do that?
 
Posted by saysay (# 6645) on :
 
quote:
Originally posted by Teilhard:
But, seriously …
(Aside from imposed limitations on use of *question*marks*)
What specific reforms do you suggest … ???

1) A citizens review board to look at all use of force incidents and make recommendations. You'll want the board to be composed primarily of former military or former cops (or other people who have been in the position of having to make a fast call about whether or not to use force and how much force).

2) A change in police officers' Bill of Rights and employment law to make it easier to remove officers who have had multiple complaints made against them even if the majority believes that criminal charges aren't warranted.

3) Some form of prosecutorial oversight to make it more difficult to to completely overcharge based on little to no evidence because they know they won't get caught and the defendant will likely take a plea deal. Consequences (such as job loss) when they are caught in any of the prosecutorial misconduct that runs rampant and is seldom punished.

That'll do for a start.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Doc Tor:
quote:
Originally posted by Teilhard:
The fact is that I don't just join harmoniously in the chorus of anti-police songs, and that seems to be a problem for some …

Again, where? Unless you believe that holding the police to the same standard of the law as civilians is "anti-police", then this is just rhetoric with no basis in fact.

You're consistently misrepresenting people's posts and opinions. It's making you look stupid. Why would you want to do that?

I do tend to give extra "slack" to the police unless I have good reason otherwise …

But, no … Ordinary citizens are not allowed to do some things that the police are allowed to do ...
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by saysay:
quote:
Originally posted by Teilhard:
But, seriously …
(Aside from imposed limitations on use of *question*marks*)
What specific reforms do you suggest … ???

1) A citizens review board to look at all use of force incidents and make recommendations. You'll want the board to be composed primarily of former military or former cops (or other people who have been in the position of having to make a fast call about whether or not to use force and how much force).

2) A change in police officers' Bill of Rights and employment law to make it easier to remove officers who have had multiple complaints made against them even if the majority believes that criminal charges aren't warranted.

3) Some form of prosecutorial oversight to make it more difficult to to completely overcharge based on little to no evidence because they know they won't get caught and the defendant will likely take a plea deal. Consequences (such as job loss) when they are caught in any of the prosecutorial misconduct that runs rampant and is seldom punished.

That'll do for a start.

In addition, I favor -- and I have lobbied for -- changes in the laws such that convicted persons are not further penalized upon completion of sentence (by being essentially barred from employment, housing, credit, and so on) …

See … I've *been*there* … I don't just post righteously indignant stuff in internet chat sessions … I try to work toward positive changes in the community ...
 
Posted by Doc Tor (# 9748) on :
 
quote:
Originally posted by Teilhard:
But, no … Ordinary citizens are not allowed to do some things that the police are allowed to do ...

If you mean by "slack", you think that police officers should be held to a different, lower standard of behaviour than the people they purportedly serve, then you deserve every moment of your Hell call.
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by Teilhard:
quote:
Originally posted by lilBuddha:
quote:
Who is investing? At least 37 states have legalized the contracting of prison labor by private corporations that mount their operations inside state prisons. The list of such companies contains the cream of U.S. corporate society: IBM, Boeing, Motorola, Microsoft, AT&T, Wireless, Texas Instrument, Dell, Compaq, Honeywell, Hewlett-Packard, Nortel, Lucent Technologies, 3Com, Intel, Northern Telecom, TWA, Nordstrom’s, Revlon, Macy’s, Pierre Cardin, Target Stores, and many more. All of these businesses are excited about the economic boom generation by prison labor. Just between 1980 and 1994, profits went up from $392 million to $1.31 billion. Inmates in state penitentiaries generally receive the minimum wage for their work, but not all; in Colorado, they get about $2 per hour, well under the minimum. And in privately-run prisons, they receive as little as 17 cents per hour for a maximum of six hours a day, the equivalent of $20 per month. The highest-paying private prison is CCA in Tennessee, where prisoners receive 50 cents per hour for what they call “highly skilled positions.” At those rates, it is no surprise that inmates find the pay in federal prisons to be very generous. There, they can earn $1.25 an hour and work eight hours a day, and sometimes overtime. They can send home $200-$300 per month.

Do the math …
The annual cost of jails and prisons in the USA is around $75,000,000,000 … (that's 75 BILLION dollars) ...

Which makes it an interesting example of "lemon socialism": privatized profits, socialized losses/costs. I don't think it serves discussion well to pretend that this isn't an example of government providing a massive subsidy to private business in the form of a sub-minimum wage work force with no ability to unionize and extremely limited ability to do anything about unsafe work conditions or predatory management practices. You can argue (and have, sort of, argued) that labor is beneficial to the imprisoned, but pretending such labor isn't competing with free laborers doing the same jobs is a fatuous denial of reality.

Very little of what most governments do generates a profit. In fact, most of the problems people try to resolve via the state are things that aren't easily amenable to market-based solutions. But the argument that the best possible activity for prisoners is as workers for profit-making enterprises, training for jobs that by definition are under threat due to competition from a subsidized prison labor system, is one that should be made without hand-waving away the larger (and fairly obvious) economic considerations. Given the realities of prison labor, why isn't it accurate to see the system as a massive $75 billion subsidy the U.S. government is paying to private enterprise? Again, it may be possible to argue that this kind of subsidy is justified, but that argument should be made explicitly in its own terms, not by pretending it's something else.

[ 20. April 2015, 23:27: Message edited by: Crœsos ]
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by Teilhard:
I'm here … I'm posting to the topics …

Well, sort of.
quote:
Originally posted by Teilhard:

The fact is that I don't just join harmoniously in the chorus of anti-police songs, and that seems to be a problem for some …

Absolutely incorrect. It is that you are ignoring real problems and the fact that the police are not neutral in judging police behaviour. Or neutral in who they target.
quote:
Originally posted by Teilhard:

I do post out of my own life experience and long reflection on it ...

White man in a white man's world. You can, much more easily, ignore the very real culture of racism which still infects society. Not saying everyone is racist, but that there exist inequities and the impetus to fix them is not the same for those not affected. Or even to notice them.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Doc Tor:
quote:
Originally posted by Teilhard:
But, no … Ordinary citizens are not allowed to do some things that the police are allowed to do ...

If you mean by "slack", you think that police officers should be held to a different, lower standard of behaviour than the people they purportedly serve, then you deserve every moment of your Hell call.
Generally,
ordinary citizens are not allowed to run a stop sign or a red light or to exceed the speed limit, while police officers on an emergency call are allowed to do so;
police officers are allowed to use physical force and certain weapons under circumstances in which an ordinary citizen is not permitted;
police officers have search and seizure authority that I do not have as an ordinary citizen;
police officers have legal authority to detain and question persons in situations in which ordinary citizens have no such authority;
etc. ...
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by lilBuddha:
quote:
Originally posted by Teilhard:
I'm here … I'm posting to the topics …

Well, sort of.
quote:
Originally posted by Teilhard:

The fact is that I don't just join harmoniously in the chorus of anti-police songs, and that seems to be a problem for some …

Absolutely incorrect. It is that you are ignoring real problems and the fact that the police are not neutral in judging police behaviour. Or neutral in who they target.
quote:
Originally posted by Teilhard:

I do post out of my own life experience and long reflection on it ...

White man in a white man's world. You can, much more easily, ignore the very real culture of racism which still infects society. Not saying everyone is racist, but that there exist inequities and the impetus to fix them is not the same for those not affected. Or even to notice them.

The broad huge deep problem of "racism" (and racial injustice and disparities in the judicial system) IS a problem … I have never indicated otherwise …

But, while I am indeed a *white*guy* my own world is NOT exclusively either "white" or all "guy" …

But, yes … EVERY person -- of every race and ethnic identity and gender and age and social/economic circumstance -- is influenced by her/his own history and life experiences …
This is true for EVERY person -- not just *white*guys* (or even, *black*guys*) … nor just "crooks" and "cops" ...

[ 21. April 2015, 03:49: Message edited by: Teilhard ]
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Crœsos:
quote:
Originally posted by Teilhard:
quote:
Originally posted by lilBuddha:
quote:
Who is investing? At least 37 states have legalized the contracting of prison labor by private corporations that mount their operations inside state prisons. The list of such companies contains the cream of U.S. corporate society: IBM, Boeing, Motorola, Microsoft, AT&T, Wireless, Texas Instrument, Dell, Compaq, Honeywell, Hewlett-Packard, Nortel, Lucent Technologies, 3Com, Intel, Northern Telecom, TWA, Nordstrom’s, Revlon, Macy’s, Pierre Cardin, Target Stores, and many more. All of these businesses are excited about the economic boom generation by prison labor. Just between 1980 and 1994, profits went up from $392 million to $1.31 billion. Inmates in state penitentiaries generally receive the minimum wage for their work, but not all; in Colorado, they get about $2 per hour, well under the minimum. And in privately-run prisons, they receive as little as 17 cents per hour for a maximum of six hours a day, the equivalent of $20 per month. The highest-paying private prison is CCA in Tennessee, where prisoners receive 50 cents per hour for what they call “highly skilled positions.” At those rates, it is no surprise that inmates find the pay in federal prisons to be very generous. There, they can earn $1.25 an hour and work eight hours a day, and sometimes overtime. They can send home $200-$300 per month.

Do the math …
The annual cost of jails and prisons in the USA is around $75,000,000,000 … (that's 75 BILLION dollars) ...

Which makes it an interesting example of "lemon socialism": privatized profits, socialized losses/costs. I don't think it serves discussion well to pretend that this isn't an example of government providing a massive subsidy to private business in the form of a sub-minimum wage work force with no ability to unionize and extremely limited ability to do anything about unsafe work conditions or predatory management practices. You can argue (and have, sort of, argued) that labor is beneficial to the imprisoned, but pretending such labor isn't competing with free laborers doing the same jobs is a fatuous denial of reality.

Very little of what most governments do generates a profit. In fact, most of the problems people try to resolve via the state are things that aren't easily amenable to market-based solutions. But the argument that the best possible activity for prisoners is as workers for profit-making enterprises, training for jobs that by definition are under threat due to competition from a subsidized prison labor system, is one that should be made without hand-waving away the larger (and fairly obvious) economic considerations. Given the realities of prison labor, why isn't it accurate to see the system as a massive $75 billion subsidy the U.S. government is paying to private enterprise? Again, it may be possible to argue that this kind of subsidy is justified, but that argument should be made explicitly in its own terms, not by pretending it's something else.

Well, again … I suppose we could save some $$$ by asking correctional officers to work as unpaid volunteers …
 
Posted by Teilhard (# 16342) on :
 
Or, alternatively … I suppose we could send convicted violent offenders to live in YOUR basement apartment for a couple of years ...
 
Posted by Eutychus (# 3081) on :
 
quote:
Originally posted by Teilhard:
I do tend to give extra "slack" to the police unless I have good reason otherwise

We're no nearer understanding what you actually mean by this.

"Giving extra slack" to police does not imply, as you suggest, allowing them to run stop signs and so forth, since these are things which in certain circumstances they are allowed, by law, to do (as indeed they are permitted to use lethal force in certain circumstances).

It implies being more indulgent with police than with the general public when they do things they are not allowed, by law, to do.

That's the clear implication of "giving extra slack to police". If that's not what you mean by that comment, you have some explaining to do.
 
Posted by Eutychus (# 3081) on :
 
quote:
Originally posted by Teilhard:
Or, alternatively … I suppose we could send convicted violent offenders to live in YOUR basement apartment for a couple of years ...

The issue of imprisonment and its various paradoxes is entirely irrelevant to the accountability or otherwise of police forces.

You are apparently trying to foist this problem - literally so in the post quoted above - onto those calling for this greater police accountability, as if their views on that were somehow responsible for all the ills of the prison system.

Why?
 
Posted by Barnabas62 (# 9110) on :
 
If you want to talk about US prisons, prisoners and prison officers, set up a new thread please. That tangent is now closed here.

I'm tempted the close this thread altogether. It is showing more general signs of tangenting itself to death in its old age. That often happens with long-running threads on contentious issues. But for the present, we'll leave it open to discuss the moral, legal and social implications of homicide (or acts of extreme violence) by police officers in the pursuit of their duties.

The thread has also become too much "Teilhard v others" and looks to be degenerating into a personal war. All of you (including Teilhard) should take any resulting pissed-offness and responses to pissed-offness to the new Hell thread re Teilhard. You will be less inhibited by the rules there.

Barnabas62
Purgatory Host

[ 21. April 2015, 05:34: Message edited by: Barnabas62 ]
 
Posted by Leorning Cniht (# 17564) on :
 
Two cop-related stories showed up in my newsfeed today. In the first, two cops in Texas pull a burning man out of a burning car. Clearly a great job by these two cops.

In the second, we have another case of "person calls cops for assistance, cops show up and shoot them". The officer in this case is on administrative leave, and there's an investigation ongoing, which are all the right things. I'd guess that the result of the investigation will be either "cop reacted reasonably to perceived threat" or "cop screwed up and will face the following punishment / re-education / whatever".

I suspect it will not consider the question of whether the police department's training is at fault. I suspect this to be the real answer.
 
Posted by lilBuddha (# 14333) on :
 
Originally posted by Teilhard:

quote:

But, while I am indeed a *white*guy* my own world is NOT exclusively either "white" or all "guy" …

But, yes … EVERY person -- of every race and ethnic identity and gender and age and social/economic circumstance -- is influenced by her/his own history and life experiences …
This is true for EVERY person -- not just *white*guys* (or even, *black*guys*) … nor just "crooks" and "cops" ...


Every person is affected by their identity, yes. But they are not equal experiences.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Eutychus:
quote:
Originally posted by Teilhard:
I do tend to give extra "slack" to the police unless I have good reason otherwise

We're no nearer understanding what you actually mean by this.

"Giving extra slack" to police does not imply, as you suggest, allowing them to run stop signs and so forth, since these are things which in certain circumstances they are allowed, by law, to do (as indeed they are permitted to use lethal force in certain circumstances).

It implies being more indulgent with police than with the general public when they do things they are not allowed, by law, to do.

That's the clear implication of "giving extra slack to police". If that's not what you mean by that comment, you have some explaining to do.

I tend to give the police "extra slack" in their work precisely because some of the things they do -- are EXPECTED to do !!! -- are by their nature *dicey* at best (use of force, including deadly force)
 
Posted by Soror Magna (# 9881) on :
 
quote:
Originally posted by Teilhard:
I tend to give the police "extra slack" in their work precisely because some of the things they do -- are EXPECTED to do !!! -- are by their nature *dicey* at best (use of force, including deadly force)

So in your view people doing something "dicey" are allowed (apparently even expected) to screw up more than people doing things that aren't "dicey"? That's messed up.
 
Posted by lilBuddha (# 14333) on :
 
Seriously messed up. When a mistake is irreversible and the stake is life, you should be allowed less room for error.
 
Posted by Dafyd (# 5549) on :
 
quote:
Originally posted by Teilhard:
I tend to give the police "extra slack" in their work precisely because some of the things they do -- are EXPECTED to do !!! -- are by their nature *dicey* at best (use of force, including deadly force)

The trouble with people these days is they expect to have rights (use of force including deadly force) without responsibilities (being held to higher standards with less slack).
 
Posted by saysay (# 6645) on :
 
quote:
Originally posted by Leorning Cniht:
I'd guess that the result of the investigation will be either "cop reacted reasonably to perceived threat" or "cop screwed up and will face the following punishment / re-education / whatever".

You know, I'd like it if these were the choices. But it seems to me police departments too often make the choice "cop did nothing wrong according to our procedures" or "cop will face criminal charges."

quote:
I suspect it will not consider the question of whether the police department's training is at fault. I suspect this to be the real answer.
"if you don't ask the right question, every answer seems wrong"
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Dafyd:
quote:
Originally posted by Teilhard:
I tend to give the police "extra slack" in their work precisely because some of the things they do -- are EXPECTED to do !!! -- are by their nature *dicey* at best (use of force, including deadly force)

The trouble with people these days is they expect to have rights (use of force including deadly force) without responsibilities (being held to higher standards with less slack).
Yes … Everybody ELSE should be required to follow the law and respect everyone else's rights (but exceptions must be made in MY case, i.e., I should be allowed to drive a vehicle without brake lights and I should be allowed to run away from the police, etc. …)
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by lilBuddha:
Originally posted by Teilhard:

quote:

But, while I am indeed a *white*guy* my own world is NOT exclusively either "white" or all "guy" …

But, yes … EVERY person -- of every race and ethnic identity and gender and age and social/economic circumstance -- is influenced by her/his own history and life experiences …
This is true for EVERY person -- not just *white*guys* (or even, *black*guys*) … nor just "crooks" and "cops" ...


Every person is affected by their identity, yes. But they are not equal experiences.
Indeed … There is no "equal" or "equivalent" to one's own life experiences … Some things simply cannot be received and apprehended vicariously -- they must be lived ...
 
Posted by Porridge (# 15405) on :
 
So we can only have opinions about what we've lived through?

That's going to make it tough to recruit juries. "I say, Mr. Jones, have you ever committed a B&E? No? Then m'lud / your honor (pick whatever applies your side of the pond), I challenge the seating of this juror, as he has no idea what the charge against my client is all about."
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Porridge:
So we can only have opinions about what we've lived through?

That's going to make it tough to recruit juries. "I say, Mr. Jones, have you ever committed a B&E? No? Then m'lud / your honor (pick whatever applies your side of the pond), I challenge the seating of this juror, as he has no idea what the charge against my client is all about."

Everyone inevitably has "opinions" ("The Grand Canyon of Arizona is just a big hole in the ground … ") which may or may not be formed and informed by actual real world real life experience(s) ...
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by Eutychus:
quote:
Originally posted by Teilhard:
I do tend to give extra "slack" to the police unless I have good reason otherwise

We're no nearer understanding what you actually mean by this.

"Giving extra slack" to police does not imply, as you suggest, allowing them to run stop signs and so forth, since these are things which in certain circumstances they are allowed, by law, to do (as indeed they are permitted to use lethal force in certain circumstances).

It implies being more indulgent with police than with the general public when they do things they are not allowed, by law, to do.

That's the clear implication of "giving extra slack to police". If that's not what you mean by that comment, you have some explaining to do.

This may actually be a contributing factor to police misconduct; the knowledge that a large segment of the general population will either automatically disbelieve such incidents or hand-wave them away. Given this, calls for changes in police training are likely to fall on deaf ears since the system already 'works' for those with the most ability to implement such changes.

Take the Scott shooting, for example. Why did Patrolman Slager feel so confident that he could get away with planting evidence and filing a fraudulent report? Most likely because he knew that, in the absence of overwhelming outside evidence, no one would question anything he did. Or that if anyone did ask questions they'd be derided as cop-haters. A system that is geared to only apply accountability in instances where blatant abuses are caught on video as they occur in real time is a system that invites abuses.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Crœsos:
quote:
Originally posted by Eutychus:
quote:
Originally posted by Teilhard:
I do tend to give extra "slack" to the police unless I have good reason otherwise

We're no nearer understanding what you actually mean by this.

"Giving extra slack" to police does not imply, as you suggest, allowing them to run stop signs and so forth, since these are things which in certain circumstances they are allowed, by law, to do (as indeed they are permitted to use lethal force in certain circumstances).

It implies being more indulgent with police than with the general public when they do things they are not allowed, by law, to do.

That's the clear implication of "giving extra slack to police". If that's not what you mean by that comment, you have some explaining to do.

This may actually be a contributing factor to police misconduct; the knowledge that a large segment of the general population will either automatically disbelieve such incidents or hand-wave them away. Given this, calls for changes in police training are likely to fall on deaf ears since the system already 'works' for those with the most ability to implement such changes.

Take the Scott shooting, for example. Why did Patrolman Slager feel so confident that he could get away with planting evidence and filing a fraudulent report? Most likely because he knew that, in the absence of overwhelming outside evidence, no one would question anything he did. Or that if anyone did ask questions they'd be derided as cop-haters. A system that is geared to only apply accountability in instances where blatant abuses are caught on video as they occur in real time is a system that invites abuses.

Increased and better training is always a good idea, for sure ...
 
Posted by Eutychus (# 3081) on :
 
So what do you mean by "giving them extra slack"?
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Eutychus:
So what do you mean by "giving them extra slack"?

When a police officer is exceeding the speed limit (lights and siren on), running stop signs and red lights, on occasion a tragic crash occurs, in which an innocent person is injured or killed; on occasion, a person is shot by an officer in a *dicey*iffy* situation that called for a split second decision by the officer (the Ferguson case comes to mind); sometimes a citizen is injured or dies while foolishly resisting arrest (the guy on the street corner in New York comes to mind); etc. …

For such kind of mistakes, I tend to favor not necessarily firing or charging the officer ...

[ 22. April 2015, 14:47: Message edited by: Teilhard ]
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by Teilhard:
Increased and better training is always a good idea, for sure ...

quote:
Originally posted by Teilhard:
. . . sometimes a citizen is injured or dies while foolishly resisting arrest (the guy on the street corner in New York comes to mind); etc. …

For such kind of mistakes, I tend to favor not necessarily firing or charging the officer ...

This is kind of the perfect illustration of why changes in training are doomed in the current context. Despite the NYPD having an established policy against using choke holds Officer Pantaleo was perfectly comfortable using one, knowing that if anything went wrong a large segment of the population would consider Eric Garner's struggles to breathe "resisting arrest" and think he got what he deserved. Interestingly enough, struggling when unable to breathe is instinctive, not voluntary, in most mammals (including humans).
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Crœsos:
quote:
Originally posted by Teilhard:
Increased and better training is always a good idea, for sure ...

quote:
Originally posted by Teilhard:
. . . sometimes a citizen is injured or dies while foolishly resisting arrest (the guy on the street corner in New York comes to mind); etc. …

For such kind of mistakes, I tend to favor not necessarily firing or charging the officer ...

This is kind of the perfect illustration of why changes in training are doomed in the current context. Despite the NYPD having an established policy against using choke holds Officer Pantaleo was perfectly comfortable using one, knowing that if anything went wrong a large segment of the population would consider Eric Garner's struggles to breathe "resisting arrest" and think he got what he deserved. Interestingly enough, struggling when unable to breathe is instinctive, not voluntary, in most mammals (including humans).

Certainly, in retrospect, a taser would have been a better choice … But the guy was huge -- ca. 300 pounds -- and was resisting before the "choke hold" was applied ..
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by Teilhard:
quote:
Originally posted by Crœsos:
This is kind of the perfect illustration of why changes in training are doomed in the current context. Despite the NYPD having an established policy against using choke holds . . .

Certainly, in retrospect, a taser would have been a better choice … But the guy was huge -- ca. 300 pounds -- and was resisting before the "choke hold" was applied ..
Yet again illustrating why changes in training are futile in the current context. The policy against choke holds is considered an irrelevancy, something officers have the "choice" to ignore, and should suffer no consequences even when their use of the forbidden practice leads to the exact thing the practice was forbidden to prevent.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Crœsos:
quote:
Originally posted by Teilhard:
quote:
Originally posted by Crœsos:
This is kind of the perfect illustration of why changes in training are doomed in the current context. Despite the NYPD having an established policy against using choke holds . . .

Certainly, in retrospect, a taser would have been a better choice … But the guy was huge -- ca. 300 pounds -- and was resisting before the "choke hold" was applied ..
Yet again illustrating why changes in training are futile in the current context. The policy against choke holds is considered an irrelevancy, something officers have the "choice" to ignore, and should suffer no consequences even when their use of the forbidden practice leads to the exact thing the practice was forbidden to prevent.
Training and re-training are always at issue …

But no training program or manual of standard procedures can possibly anticipate/specify every situation …

By nature of the real world, cops (and indeed, all professional persons) at least on occasion are "flying by the seat of their pants" ...
 
Posted by Soror Magna (# 9881) on :
 
quote:
Originally posted by Teilhard:
Certainly, in retrospect, a taser would have been a better choice … But the guy was huge -- ca. 300 pounds -- and was resisting before the "choke hold" was applied ..

I think Crœsos is trying to make the point that if department policy is "no chokeholds", then by definition, a choke hold is the WRONG choice... always ... every time ...regardless of what happened before or what other choices were available. This policy is in place precisely because experience has shown that chokeholds (also sometimes called a sleeper hold) can easily go fatally wrong. Properly applied, the chokehold is supposed to reduce blood circulation to the brain and induce lightheadedness or unconsciousness. When it is mis-applied, it cuts off the airway (trachea) instead. So not only was the chokehold the wrong choice, it was also performed incorrectly. So there's just one simple question to answer: why the hell wouldn't we hold police officers accountable when they deliberately violate policy, do it incorrectly, and cause the death of a citizen?


Or do we jut "cut them some slack"? And if this "slack" is because they have to make split-second, life-or-death decisions, why don't other professionals making the same kinds of decisions get "slack"? You know, professionals like pilots or air traffic controllers...? how about EMTs...? or truck and taxi drivers...? [Eek!]
 
Posted by Eutychus (# 3081) on :
 
quote:
Originally posted by Teilhard:
By nature of the real world, cops (and indeed, all professional persons) at least on occasion are "flying by the seat of their pants" ...

Is that the spirit in which you conducted your prison chaplaincy?

Professionals may sometimes fly by the seat of their pants, but they do so in full knowledge of the rules and the law, and aware of the consequences if they flout them. Or they aren't worthy of being called professionals.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Soror Magna:
quote:
Originally posted by Teilhard:
Certainly, in retrospect, a taser would have been a better choice … But the guy was huge -- ca. 300 pounds -- and was resisting before the "choke hold" was applied ..

I think Crœsos is trying to make the point that if department policy is "no chokeholds", then by definition, a choke hold is the WRONG choice... always ... every time ...regardless of what happened before or what other choices were available. This policy is in place precisely because experience has shown that chokeholds (also sometimes called a sleeper hold) can easily go fatally wrong. Properly applied, the chokehold is supposed to reduce blood circulation to the brain and induce lightheadedness or unconsciousness. When it is mis-applied, it cuts off the airway (trachea) instead. So not only was the chokehold the wrong choice, it was also performed incorrectly. So there's just one simple question to answer: why the hell wouldn't we hold police officers accountable when they deliberately violate policy, do it incorrectly, and cause the death of a citizen?


Or do we jut "cut them some slack"? And if this "slack" is because they have to make split-second, life-or-death decisions, why don't other professionals making the same kinds of decisions get "slack"? You know, professionals like pilots or air traffic controllers...? how about EMTs...? or truck and taxi drivers...? [Eek!]

In the real world, "life" doesn't always go "by the book," so, yes on occasion, one does what one has to do …

In that New York case, at autopsy the guy's trachea was found not to be damaged … He had a history of fairly serious asthma (ironic for a guy selling cigarettes) … As I understand the facts of that case, the cause of death has not yet been definitively determined to be: "choke hold" …

What IS clear is that the unfortunate guy was very very frustrated and anxious about being arrested (again, after having been arrested THIRTY times previously for mostly the same offense -- illegal unregulated tobacco sales) … At the time he was out on bail, waiting court time for three outstanding charges …

The situation was a mess, all around … But, yes, a taser would have been a better choice … I don't know, however, if any of the officers on scene were so equipped … Of course, they could have used pepper spray, which also would have been a problem when the guy had severe asthma ...
 
Posted by cliffdweller (# 13338) on :
 
quote:
Originally posted by Teilhard:
quote:
Originally posted by Eutychus:
So what do you mean by "giving them extra slack"?

When a police officer is exceeding the speed limit (lights and siren on), running stop signs and red lights, on occasion a tragic crash occurs, in which an innocent person is injured or killed; on occasion, a person is shot by an officer in a *dicey*iffy* situation that called for a split second decision by the officer (the Ferguson case comes to mind); sometimes a citizen is injured or dies while foolishly resisting arrest (the guy on the street corner in New York comes to mind); etc. …

For such kind of mistakes, I tend to favor not necessarily firing or charging the officer ...

Assuming your best-case scenario where the injury/death is entirely accidental and no ill motives at play, there still seems to be me an appropriate middle ground here. If a police officer makes a fatal error under pressure, again, even assuming the best of motives, it still might very well disqualify him or her from service. This doesn't have to be a shaming thing-- rather a discernment thing-- in the same way someone who has developed palsy in their dominant hand might come to be deemed inappropriate to continue their career as a neurosurgeon, even if they still have a sincere desire to heal people. Making quick decisions under pressure IS what police work is all about. It is, I would agree, an unenviable task. But that IS the job. And as such, an inability to perform that task-- to make good decisions under pressure-- should disqualify you for the job.

[ 22. April 2015, 17:13: Message edited by: cliffdweller ]
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Eutychus:
quote:
Originally posted by Teilhard:
By nature of the real world, cops (and indeed, all professional persons) at least on occasion are "flying by the seat of their pants" ...

Is that the spirit in which you conducted your prison chaplaincy?

Professionals may sometimes fly by the seat of their pants, but they do so in full knowledge of the rules and the law, and aware of the consequences if they flout them. Or they aren't worthy of being called professionals.

Yes, as a chaplain -- or any clergy -- one must sometimes make a decision to act (or not) without being able to say, "Excuse me for just a moment will you, please, while I consult with my superior (or Manual of Procedures)" …

E.g., to disclose or not to disclose some detail of a conversation -- Is this conversation in the context of "Confession," or not … ??? Do I have a "Duty to Warn" in THIS case, or not … ???


E.g., as a parish pastor I have more than once simply (without "Color of Authority") taken possession of guns and ammunition of a client/congregant who was having suicidal thoughts/feelings …

There are ALWAYS occasional situations that require a "judgment call" made and enacted on basis of previous experience, "gut feeling," immediate impression and expectation, and the facts at hand, etc. …

E.g., when I served in a community counseling agency, it fell to ME -- and only to ME -- at that time and place -- exactly what to do or not to do then and there when my psychopath client, "E.," brought out and showed me his large razor sharp "Bowie" knife …

That's "life" … It's sometimes complicated in ways that can't be reduced to a convenient reliable formula of ten easy steps ...
 
Posted by Eutychus (# 3081) on :
 
quote:
Originally posted by Teilhard:
one must sometimes make a decision to act (or not) without being able to say, "Excuse me for just a moment will you, please, while I consult with my superior (or Manual of Procedures)"

You mean you don't know the law before you start out? Oh dear.

And the issue is not one of making judgement calls, it is one of facing the consequences if you make a judgement call that takes you way outside the law. All the more so if it involves taking a life.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Eutychus:
quote:
Originally posted by Teilhard:
one must sometimes make a decision to act (or not) without being able to say, "Excuse me for just a moment will you, please, while I consult with my superior (or Manual of Procedures)"

You mean you don't know the law before you start out? Oh dear.

And the issue is not one of making judgement calls, it is one of facing the consequences if you make a judgement call that takes you way outside the law. All the more so if it involves taking a life.

The problem with any and every real life real world situation -- every one of them, without exception -- is that it is a "case," which involves not only "the Law," but also the immediate "Facts," which vary -- sometimes wildly -- from one "case" to another …

Hence, the ever ongoing need to update, change, revise and reinterpret "the Laws" on the books ...

And, oh yes … there are often "consequences" no matter what one does or does not do in a given particular "case" … hence the intense interest and often heated discussion, analyses, deeply held feelings, etc., that attach to interesting "cases" ...
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by Teilhard:
In the real world, "life" doesn't always go "by the book," so, yes on occasion, one does what one has to do …

Why doesn't this principle apply to the Scott shooting? It's the one bit of controversial policing you've gone out of your way to pointedly not endorse. Why doesn't Patrolman Slager get a pass with "he was 'flying by the seat of his pants' and didn't have time to go 'by the book', so sometimes you just decide to shoot someone eight* times in the back, plant evidence, and file a false report about it"?


--------------------
*Patrolman Slager reportedly fired his weapon eight times. I've not seen anything so far on how many of those shots hit Mr. Scott, and the assertion of "eight times" is meant to reflect Patrolman Slager's decision that that was the proper number of shots to fire, not an evaluation of his accuracy as a marksman.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Crœsos:
quote:
Originally posted by Teilhard:
In the real world, "life" doesn't always go "by the book," so, yes on occasion, one does what one has to do …

Why doesn't this principle apply to the Scott shooting? It's the one bit of controversial policing you've gone out of your way to pointedly not endorse. Why doesn't Patrolman Slager get a pass with "he was 'flying by the seat of his pants' and didn't have time to go 'by the book', so sometimes you just decide to shoot someone eight* times in the back, plant evidence, and file a false report about it"?


--------------------
*Patrolman Slager reportedly fired his weapon eight times. I've not seen anything so far on how many of those shots hit Mr. Scott, and the assertion of "eight times" is meant to reflect Patrolman Slager's decision that that was the proper number of shots to fire, not an evaluation of his accuracy as a marksman.

Well, everyday real life in the every day real world is not always clearly a simple matter of *either/or* or "all or nothing," is it … ???
Again -- and again, and again -- every case is its own case ...
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by Teilhard:
quote:
Originally posted by Crœsos:
]Why doesn't this principle apply to the Scott shooting? . . .

Well, everyday real life in the every day real world is not always clearly a simple matter of *either/or* or "all or nothing," is it … ???
Again -- and again, and again -- every case is its own case ...

That doesn't so much answer the question as evade it. We understand you're not cutting Patrolman Slager the "slack" you're otherwise so generous with when it comes to cops killing civilians. The question is why? Is it simply that he was caught on video? The generalities you've offered as mitigating in other cases ("life doesn't always go 'by the book'", "all professional persons at least on occasion are 'flying by the seat of their pants'", "there are ALWAYS occasional situations that require a 'judgment call'") would seem to be just as applicable to the Scott shooting.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Crœsos:
quote:
Originally posted by Teilhard:
quote:
Originally posted by Crœsos:
]Why doesn't this principle apply to the Scott shooting? . . .

Well, everyday real life in the every day real world is not always clearly a simple matter of *either/or* or "all or nothing," is it … ???
Again -- and again, and again -- every case is its own case ...

That doesn't so much answer the question as evade it. We understand you're not cutting Patrolman Slager the "slack" you're otherwise so generous with when it comes to cops killing civilians. The question is why? Is it simply that he was caught on video? The generalities you've offered as mitigating in other cases ("life doesn't always go 'by the book'", "all professional persons at least on occasion are 'flying by the seat of their pants'", "there are ALWAYS occasional situations that require a 'judgment call'") would seem to be just as applicable to the Scott shooting.
Well …
Once more facts of the case came to light, the cop was charged and fired … So …

Again … Each case is its own case, and must be understood and judged accordingly as the case that it is ...
 
Posted by Golden Key (# 1468) on :
 
Teilhard--

Yes, each case is its own case, but that's not all it is.

Let's say there's a big, ancient oak forest where you like to walk. One day, you notice that your favorite ancient tree seems sick. You sadly walk through the forest, and discover other sick trees here and there. You begin to realize that it's not just ancient oaks that are sick, maybe dying from old age--you encountered sick trees from all stages of their life cycle.

Sitting in a quiet cafe later, drinking coffee to warm up, you chat with a barista. She says she knows an arborist, and gives you his number. You thank her, and head home.

Vegging out on the couch, watching "Law & Order", you wonder whether you should bother to call. Just trees, right? Trees die, just like any other living thing. But what if it's not just individual trees? What if it's Sudden Oak Death Syndrome (real thing), or toxic dumping, or intentional poisoning, or some new problem? If whatever it is is systemic, then it might wipe out the whole forest.

So do you call the arborist, and ask him if there might be a systemic problem? Or do you say you saw a tree that might be sick? Or do you just grab a pint of Ben & Jerry's ice cream, and finish watching your show?

Short version: If you focus on just individual trees/cases, you may miss the trend happening in the forest/police system as a whole.
 
Posted by Boogie (# 13538) on :
 
quote:
Originally posted by Golden Key:
If you focus on just individual trees/cases, you may miss the trend happening in the forest/police system as a whole.

Agreed.

But the systemic problem is much wider and deeper than just the police force. It stretches into culture and politics and big business. The gun problem in the US goes back so far I can't think how it will ever be remedied.

Each disaster seems to be swept away, then the next one comes along.

Very sad.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Golden Key:
Teilhard--

Yes, each case is its own case, but that's not all it is.

Let's say there's a big, ancient oak forest where you like to walk. One day, you notice that your favorite ancient tree seems sick. You sadly walk through the forest, and discover other sick trees here and there. You begin to realize that it's not just ancient oaks that are sick, maybe dying from old age--you encountered sick trees from all stages of their life cycle.

Sitting in a quiet cafe later, drinking coffee to warm up, you chat with a barista. She says she knows an arborist, and gives you his number. You thank her, and head home.

Vegging out on the couch, watching "Law & Order", you wonder whether you should bother to call. Just trees, right? Trees die, just like any other living thing. But what if it's not just individual trees? What if it's Sudden Oak Death Syndrome (real thing), or toxic dumping, or intentional poisoning, or some new problem? If whatever it is is systemic, then it might wipe out the whole forest.

So do you call the arborist, and ask him if there might be a systemic problem? Or do you say you saw a tree that might be sick? Or do you just grab a pint of Ben & Jerry's ice cream, and finish watching your show?

Short version: If you focus on just individual trees/cases, you may miss the trend happening in the forest/police system as a whole.

As with everything in society including, but not limited to our "police system" (and also the laws and the courts) reflects our society as a whole …

Indeed, blaming a couple of "trees" or even a grove of "trees" for the totality of the ecological problems of "the forest" is not realistic ...
 
Posted by Golden Key (# 1468) on :
 
Teilhard--

They can be symptoms of a wider problem. And, in the case of Sudden Oak Death Syndrome, the disease can *spread*--even through something as simple as moving firewood.

It does seem that there are systemic problems of police brutality and police racism that have been going on for a long, long time--and not just the stuff that makes big headlines.

Whether that's due to society, police training and culture, individual officers, or misunderstandings, ISTM that it's wise to look at both the forest and the trees, and figure out what's going on, so it can be treated and managed.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Golden Key:
Teilhard--

They can be symptoms of a wider problem. And, in the case of Sudden Oak Death Syndrome, the disease can *spread*--even through something as simple as moving firewood.

It does seem that there are systemic problems of police brutality and police racism that have been going on for a long, long time--and not just the stuff that makes big headlines.

Whether that's due to society, police training and culture, individual officers, or misunderstandings, ISTM that it's wise to look at both the forest and the trees, and figure out what's going on, so it can be treated and managed.

No doubt, "racism" is a widespread malignant problem in society … It's not confined to "cops" ...
 
Posted by Doc Tor (# 9748) on :
 
quote:
Originally posted by Teilhard:
No doubt, "racism" is a widespread malignant problem in society … It's not confined to "cops" ...

This statement is peculiarly tin-eared. In which world would we be arming racists and giving them 'slack' when they shoot black people?

As opposed to the other thing, which is to try and make the police force less racist, and less likely to abuse their authority.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Doc Tor:
quote:
Originally posted by Teilhard:
No doubt, "racism" is a widespread malignant problem in society … It's not confined to "cops" ...

This statement is peculiarly tin-eared. In which world would we be arming racists and giving them 'slack' when they shoot black people?

As opposed to the other thing, which is to try and make the police force less racist, and less likely to abuse their authority.

BINGO … The solution to this widespread longstanding problem is not to disarm all the cops, but to address "racism" …

But, no … I don't give the police "slack" only as regards Black folk, but their law enforcement duties in general ...

[ 24. April 2015, 13:40: Message edited by: Teilhard ]
 
Posted by Doc Tor (# 9748) on :
 
quote:
Originally posted by Teilhard:
BINGO … The solution to this widespread longstanding problem is not to disarm all the cops, but to address "racism" …

I'm sorry. This is a complete non-sequitur. No one has argued that US police officers should be disarmed. Everyone has argued you shouldn't hire racist cops.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Doc Tor:
quote:
Originally posted by Teilhard:
BINGO … The solution to this widespread longstanding problem is not to disarm all the cops, but to address "racism" …

I'm sorry. This is a complete non-sequitur. No one has argued that US police officers should be disarmed. Everyone has argued you shouldn't hire racist cops.
But, see, I don't think that THE problem is "racist cops" …
Not every problematic police situation is black v. white …

The "racism" problem in America, again, is pervasive …
 
Posted by Doc Tor (# 9748) on :
 
quote:
Originally posted by Teilhard:
But, see, I don't think that THE problem is "racist cops"

So we go from "BINGO!" to "well, it's not THE problem." [Roll Eyes]

Given that racism is pervasive, but not endemic, do you think it's possible to hire non-racist cops? If so, then why not do that? It might even turn out that the non-racist cops are also better at being decent, responsible law officers who don't shoot white people either.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Doc Tor:
quote:
Originally posted by Teilhard:
But, see, I don't think that THE problem is "racist cops"

So we go from "BINGO!" to "well, it's not THE problem." [Roll Eyes]

Given that racism is pervasive, but not endemic, do you think it's possible to hire non-racist cops? If so, then why not do that? It might even turn out that the non-racist cops are also better at being decent, responsible law officers who don't shoot white people either.

Is it "possible to hire non-racist" public school teachers, social workers, nurses and physicians, building contractors, retail clerks, realtors and bankers, etc. … ???
 
Posted by chris stiles (# 12641) on :
 
quote:
Originally posted by Teilhard:

Is it "possible to hire non-racist" public school teachers, social workers, nurses and physicians, building contractors, retail clerks, realtors and bankers, etc. … ???

It's possible to change organisations to make certain types of behaviour less acceptable and in doing so change the mix of people who are generally interested in joining and staying in those organisations.

Some organisations have done this much better than others.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by chris stiles:
quote:
Originally posted by Teilhard:

Is it "possible to hire non-racist" public school teachers, social workers, nurses and physicians, building contractors, retail clerks, realtors and bankers, etc. … ???

It's possible to change organisations to make certain types of behaviour less acceptable and in doing so change the mix of people who are generally interested in joining and staying in those organisations.

Some organisations have done this much better than others.

Yes … "Racism" remains a pervasive social problem in America … Continued segregation of people of color happens in many cities. e.g., in part through unacknowledged "redlining" …
 
Posted by Doc Tor (# 9748) on :
 
quote:
Originally posted by Teilhard:
Is it "possible to hire non-racist" public school teachers, social workers, nurses and physicians, building contractors, retail clerks, realtors and bankers, etc. … ???

Actually not engaging with this - I asked you a perfectly legitimate question, and I'm asking it again. Do you think it's possible, during hiring and training process for law enforcement officers, to select the non-racists over the racists?

I think it is, and I think it's imperative that it's done.
 
Posted by no prophet's flag is set so... (# 15560) on :
 
quote:
Originally posted by Doc Tor:
Do you think it's possible, during hiring and training process for law enforcement officers, to select the non-racists over the racists?

I think it is, and I think it's imperative that it's done.

I my experience, it's possible to select people on the basis of behavioural compliance, but hearts and minds are another story entirely. I've seen correct things verbally expressed while the nonverbal behaviour says something contradictory.
 
Posted by Eutychus (# 3081) on :
 
You're all barking up the wrong tree. The answer is to hire vacationing Swedes.
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by Teilhard:
But, see, I don't think that THE problem is "racist cops" …

But do you think racist cops are A problem?

To take a real-life example, two policemen from a small Florida town were recently fired when it was discovered that they were also Klansmen. Does this count as correcting a problem that needed addressing, or persecution for some harmless outside interests?
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Doc Tor:
quote:
Originally posted by Teilhard:
Is it "possible to hire non-racist" public school teachers, social workers, nurses and physicians, building contractors, retail clerks, realtors and bankers, etc. … ???

Actually not engaging with this - I asked you a perfectly legitimate question, and I'm asking it again. Do you think it's possible, during hiring and training process for law enforcement officers, to select the non-racists over the racists?

I think it is, and I think it's imperative that it's done.

I think it is impossible to achieve/hire/select a *perfect* faculty or staff -- or police force -- because we will never have a *perfect* society of 100% *perfect* human beings ...
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Crœsos:
quote:
Originally posted by Teilhard:
But, see, I don't think that THE problem is "racist cops" …

But do you think racist cops are A problem?

To take a real-life example, two policemen from a small Florida town were recently fired when it was discovered that they were also Klansmen. Does this count as correcting a problem that needed addressing, or persecution for some harmless outside interests?

As a Christian, I understand that all of us -- our thoughts and words, feelings, acts and negligences -- are tainted by "sin," which includes one or other degree of prejudice (which may be racial, ethnic, economic, or other) ...
 
Posted by Doublethink. (# 1984) on :
 
That is not really a straight answer.
 
Posted by Doc Tor (# 9748) on :
 
quote:
Originally posted by Teilhard:
I think it is impossible to achieve/hire/select a *perfect* faculty or staff -- or police force -- because we will never have a *perfect* society of 100% *perfect* human beings ...

Again, you're dodging the question, which is quite straight forward: do you think that there should be (no prophet's caution taken into account) some sort of bias towards hiring non-racists for the job of police officer?

While you're not answering that one, why not try this: should police officers who subsequently show racist behaviour lose their jobs?
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Doc Tor:
quote:
Originally posted by Teilhard:
I think it is impossible to achieve/hire/select a *perfect* faculty or staff -- or police force -- because we will never have a *perfect* society of 100% *perfect* human beings ...

Again, you're dodging the question, which is quite straight forward: do you think that there should be (no prophet's caution taken into account) some sort of bias towards hiring non-racists for the job of police officer?

While you're not answering that one, why not try this: should police officers who subsequently show racist behaviour lose their jobs?

Of course … A police officer whose work behavior shows a "racist" pattern should be
(1) subject to reprimand and retraining,
(2) and if that does not fix the problem, (s)he should be either fired or reassigned to duties which do not involve the possibility of racially disparate situations ...
 
Posted by Doc Tor (# 9748) on :
 
In the UK, we fire their arses so hard, the door doesn't even hit their butts on the way out. And everyone is good with that: senior police officers, politicians and the public.

A very different culture, it seems.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Doc Tor:
In the UK, we fire their arses so hard, the door doesn't even hit their butts on the way out. And everyone is good with that: senior police officers, politicians and the public.

A very different culture, it seems.

Indeed, The UK is not The USA ...
 
Posted by Doublethink. (# 1984) on :
 
Less dead cops and less dead felons for starters.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Doublethink.:
Less dead cops and less dead felons for starters.

I expect that such statistics vary from one country to another, along with per capita ownership of guns, general social attitude toward authority, racial/ethnic makeup and history of the population, etc. ...
 
Posted by Soror Magna (# 9881) on :
 
quote:
Originally posted by Teilhard:
I expect that such statistics vary from one country to another, along with per capita ownership of guns, general social attitude toward authority, racial/ethnic makeup and history of the population, etc. ...

Sure, other countries vary, but the USA is in a league of its own. Check this out:

Visualizing gun deaths – Comparing the U.S. to rest of the world

The USA is not only far more violent than any other developed country, it is almost as violent as Iraq and the Congo, and beat out Pakistan. Pray tell, what cultural / social / economic factors do those three countries and the USA have in common that would explain their similar rankings? Why is the USA much more violent than say, the United Kingdom or Canada, when these countries have so many cultural, legal and historic connections and similarities?
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Soror Magna:
quote:
Originally posted by Teilhard:
I expect that such statistics vary from one country to another, along with per capita ownership of guns, general social attitude toward authority, racial/ethnic makeup and history of the population, etc. ...

Sure, other countries vary, but the USA is in a league of its own. Check this out:

Visualizing gun deaths – Comparing the U.S. to rest of the world

The USA is not only far more violent than any other developed country, it is almost as violent as Iraq and the Congo, and beat out Pakistan. Pray tell, what cultural / social / economic factors do those three countries and the USA have in common that would explain their similar rankings? Why is the USA much more violent than say, the United Kingdom or Canada, when these countries have so many cultural, legal and historic connections and similarities?

A number of years ago, I was visiting some friends in Canada and picked up a copy of "Macleans" … It was a special issue concerning some particular anniversary in Canadian history …

One of the feature articles was a comparison of Canada with the unruly giant Neighbor to the South, The USA … Interestingly, while Canada has a high per capita gun ownership, they tend to use their firearms for proper things, such as "hunting" … Why so … ???

In the article, there was a comparison (accurately I think), noting that in Canada, THE cultural hero tends to be "The Mountie" while in "the States," it is "The Outlaw" (think: Butch Cassidy and the Sundance Kid; Jesse James; the Gangsters; et al.) … In "the States," we have loads of well-armed angry private "Militia" guys who hate the government and plenty of their neighbors, too …

[ 25. April 2015, 01:56: Message edited by: Teilhard ]
 
Posted by cliffdweller (# 13338) on :
 
quote:
Originally posted by Teilhard:
A number of years ago, I was visiting some friends in Canada and picked up a copy of "Macleans" … It was a special issue concerning some particular anniversary in Canadian history …

One of the feature articles was a comparison of Canada with the unruly giant Neighbor to the South, The USA … Interestingly, while Canada has a high per capita gun ownership, they tend to use their firearms for proper things, such as "hunting" … Why so … ???

In the article, there was a comparison (accurately I think), noting that in Canada, THE cultural hero tends to be "The Mountie" while in "the States," it is "The Outlaw" (think: Butch Cassidy and the Sundance Kid; Jesse James; the Gangsters; et al.) … In "the States," we have loads of well-armed angry private "Militia" guys who hate the government and plenty of their neighbors, too …

I think the gun issue is just one aspect of a larger difference between US and Canada (I'm an American married to a Canadian). The westward settlement of US and Canada by Europeans was pretty similar. But the way we tell the story is different-- Canadians will stress the community aspect of it-- "we worked together to build a new society"-- Americans will stress "rugged individualism". Both to some degree are true. One had to be fairly individualistic/ adventurous to venture westward-- but no one survived that trip alone. So it was a bit of both. But what we stress is what has come to be honored in the two different nations.

Consequently, this gets played out in the core issue of individual freedom vs. communal good. Most political, social and economic issues revolve around that balance. Canadians tend to settle such issues in favor of communal good-- what serves the greater community best: so gun control, universal health care, etc. Americans almost always settle such issues in favor of individual "freedom" even when it ends up hurting just about everyone. Gun violence and a deeply broken health care system are just two symptoms of that.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by cliffdweller:
quote:
Originally posted by Teilhard:
A number of years ago, I was visiting some friends in Canada and picked up a copy of "Macleans" … It was a special issue concerning some particular anniversary in Canadian history …

One of the feature articles was a comparison of Canada with the unruly giant Neighbor to the South, The USA … Interestingly, while Canada has a high per capita gun ownership, they tend to use their firearms for proper things, such as "hunting" … Why so … ???

In the article, there was a comparison (accurately I think), noting that in Canada, THE cultural hero tends to be "The Mountie" while in "the States," it is "The Outlaw" (think: Butch Cassidy and the Sundance Kid; Jesse James; the Gangsters; et al.) … In "the States," we have loads of well-armed angry private "Militia" guys who hate the government and plenty of their neighbors, too …

I think the gun issue is just one aspect of a larger difference between US and Canada (I'm an American married to a Canadian). The westward settlement of US and Canada by Europeans was pretty similar. But the way we tell the story is different-- Canadians will stress the community aspect of it-- "we worked together to build a new society"-- Americans will stress "rugged individualism". Both to some degree are true. One had to be fairly individualistic/ adventurous to venture westward-- but no one survived that trip alone. So it was a bit of both. But what we stress is what has come to be honored in the two different nations.

Consequently, this gets played out in the core issue of individual freedom vs. communal good. Most political, social and economic issues revolve around that balance. Canadians tend to settle such issues in favor of communal good-- what serves the greater community best: so gun control, universal health care, etc. Americans almost always settle such issues in favor of individual "freedom" even when it ends up hurting just about everyone. Gun violence and a deeply broken health care system are just two symptoms of that.

Yes … In "the States," far too often "freedom" and "liberty" translate to, "Don't tell ME what to do … !!!," and, "Get out of my way … !!!"
 
Posted by Golden Key (# 1468) on :
 
{Tangent}

Re the police Klansmen in Florida:

Michael Landon (Little Joe in the old "Bonanza" TV series) used to tell a story about visiting a small Southern town. The sheriff and the deputy were fans, and drove ML around to see the sites. "Yup, and over there is where we hold the Klan meetings," said the sheriff. ML said, "You know I'm Jewish, right? And so's Lorne Green." (Ben Cartwright.) Sheriff and deputy were shocked, then fell all over themselves disassociating themselves from the Klan.

{/Tangent}
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Golden Key:
{Tangent}

Re the police Klansmen in Florida:

Michael Landon (Little Joe in the old "Bonanza" TV series) used to tell a story about visiting a small Southern town. The sheriff and the deputy were fans, and drove ML around to see the sites. "Yup, and over there is where we hold the Klan meetings," said the sheriff. ML said, "You know I'm Jewish, right? And so's Lorne Green." (Ben Cartwright.) Sheriff and deputy were shocked, then fell all over themselves disassociating themselves from the Klan.

{/Tangent}

My own dear loving sweetly pious Swedish Lutheran mother (may she Rest in Peace) harbored and sometimes expressed some distinct bigotry re: "Catholics" and "Jews" … She honestly didn't know any better and in conversation about such things … well … she had been formed by her upbringing and didn't want to know else …

Changing of hearts and minds … takes time … People ARE "sinners" … and we all have some dismaying faults of our own (perhaps, including self-righteous judgment toward others who are not as socially/morally progressive as they ought be …)
 
Posted by Doc Tor (# 9748) on :
 
quote:
Originally posted by Teilhard:
Changing of hearts and minds … takes time … People ARE "sinners" … and we all have some dismaying faults of our own (perhaps, including self-righteous judgment toward others who are not as socially/morally progressive as they ought be …)

Well, I'm sorry, but this sort of attitude to those who have authority over life and death is completely unacceptable.

With great power comes great responsibility. You hold those over you to account, and yes, to a greater degree than the general populus. If they can't handle that level of scrutiny and accountability, they know where the door is.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Doc Tor:
quote:
Originally posted by Teilhard:
Changing of hearts and minds … takes time … People ARE "sinners" … and we all have some dismaying faults of our own (perhaps, including self-righteous judgment toward others who are not as socially/morally progressive as they ought be …)

Well, I'm sorry, but this sort of attitude to those who have authority over life and death is completely unacceptable.

With great power comes great responsibility. You hold those over you to account, and yes, to a greater degree than the general populus. If they can't handle that level of scrutiny and accountability, they know where the door is.

For sure, all professional persons who have responsibility for others' lives require more training and greater supervision … Has anyone argued otherwise … ???
 
Posted by Doc Tor (# 9748) on :
 
quote:
Originally posted by Teilhard:
For sure, all professional persons who have responsibility for others' lives require more training and greater supervision … Has anyone argued otherwise … ???

Yes. You.
 
Posted by Soror Magna (# 9881) on :
 
quote:
Originally posted by Teilhard:
... One of the feature articles was a comparison of Canada with the unruly giant Neighbor to the South, The USA … Interestingly, while Canada has a high per capita gun ownership, they tend to use their firearms for proper things, such as "hunting" … Why so … ???

In the article, there was a comparison (accurately I think), noting that in Canada, THE cultural hero tends to be "The Mountie" while in "the States," it is "The Outlaw" (think: Butch Cassidy and the Sundance Kid; Jesse James; the Gangsters; et al.) … In "the States," we have loads of well-armed angry private "Militia" guys who hate the government and plenty of their neighbors, too …

Yep, that's the mythological Wild West argument. Since I asked the question, I'll offer my answer. The biggest difference between the USA and all these other countries is that from its earliest days, the USA had both a) slavery and b) organized armed civilian slave patrols to control the slaves. The slave states demanded the Second Amendment so their so-called "militias" -- which were really just groups of slave owners with guns -- would never be called up to serve in another state, leaving the slave holders at the mercy of those they had abused. I don't think it's a coincidence that all the things that black men are supposed to do to avoid getting shot by police are similar to what slave owners expected - calling the officer sir, no hands in pockets, never argue, always comply immediately, etc. -- but white people can be assertive to the point of rudeness with cops and still survive. Check out Flex Your Rights when you've finished laughing at Chris Rock's video. Here's their advice on what to do when the cops knock on your door:

quote:
Don’t Let Them Inside
It’s a good safety habit to determine who is at your door before opening it. If after looking out the window, through your peephole, or asking “Who is it?” you find police at your door, you have several options that may help keep them from unexpectedly entering.

1). If you’re concerned they might try to force an entry, you may greet them outside after exiting through another door.

2). You may speak with officers through the opening protected by your chain lock.

3). If police come to your door and you don’t require their help, you may simply decline to answer the door at all. Unless they have a warrant, they will eventually leave.

I'm guessing that in certain areas of the USA, 1 and 2 might result in getting shot, and 3 will probably mean your door gets knocked down. After all, you weren't "cooperating".

Like so many other crappy things in the USA, gun violence and police brutality against black men is part of the legacy of slavery. There's contemporary influences as well, such as the war on drugs and the military-industrial complex, but slavery and the 2nd Amendment came first.

Oh, and by the way, those contemporary "militias" who hate the guvmint? Many of them are pretty open about their racism as well.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Doc Tor:
quote:
Originally posted by Teilhard:
For sure, all professional persons who have responsibility for others' lives require more training and greater supervision … Has anyone argued otherwise … ???

Yes. You.
No … I simply want to know the FACTS of a particular case before I give a decision about that case …

E.g., in the South Carolina case, I have consistently AGREED that charging and firing the officer was apparently the right thing to do (until/unless more FACTS come to light indicating otherwise) …

I'm just not inclined to get up a lynch mob every time a police officer discharges a weapon ...
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Soror Magna:
quote:
Originally posted by Teilhard:
... One of the feature articles was a comparison of Canada with the unruly giant Neighbor to the South, The USA … Interestingly, while Canada has a high per capita gun ownership, they tend to use their firearms for proper things, such as "hunting" … Why so … ???

In the article, there was a comparison (accurately I think), noting that in Canada, THE cultural hero tends to be "The Mountie" while in "the States," it is "The Outlaw" (think: Butch Cassidy and the Sundance Kid; Jesse James; the Gangsters; et al.) … In "the States," we have loads of well-armed angry private "Militia" guys who hate the government and plenty of their neighbors, too …

Yep, that's the mythological Wild West argument. Since I asked the question, I'll offer my answer. The biggest difference between the USA and all these other countries is that from its earliest days, the USA had both a) slavery and b) organized armed civilian slave patrols to control the slaves. The slave states demanded the Second Amendment so their so-called "militias" -- which were really just groups of slave owners with guns -- would never be called up to serve in another state, leaving the slave holders at the mercy of those they had abused. I don't think it's a coincidence that all the things that black men are supposed to do to avoid getting shot by police are similar to what slave owners expected - calling the officer sir, no hands in pockets, never argue, always comply immediately, etc. -- but white people can be assertive to the point of rudeness with cops and still survive. Check out Flex Your Rights when you've finished laughing at Chris Rock's video. Here's their advice on what to do when the cops knock on your door:

quote:
Don’t Let Them Inside
It’s a good safety habit to determine who is at your door before opening it. If after looking out the window, through your peephole, or asking “Who is it?” you find police at your door, you have several options that may help keep them from unexpectedly entering.

1). If you’re concerned they might try to force an entry, you may greet them outside after exiting through another door.

2). You may speak with officers through the opening protected by your chain lock.

3). If police come to your door and you don’t require their help, you may simply decline to answer the door at all. Unless they have a warrant, they will eventually leave.

I'm guessing that in certain areas of the USA, 1 and 2 might result in getting shot, and 3 will probably mean your door gets knocked down. After all, you weren't "cooperating".

Like so many other crappy things in the USA, gun violence and police brutality against black men is part of the legacy of slavery. There's contemporary influences as well, such as the war on drugs and the military-industrial complex, but slavery and the 2nd Amendment came first.

Oh, and by the way, those contemporary "militias" who hate the guvmint? Many of them are pretty open about their racism as well.

Yes … MANY American institutions reflect the deep problems in our society …

E.g., it was only in 1948 that President Truman desegregated the US Armed Forces by executive order … We still have a looooooong way to go to become a truly just and liberated society ...
 
Posted by saysay (# 6645) on :
 
quote:
Originally posted by Teilhard:
No … I simply want to know the FACTS of a particular case before I give a decision about that case …

And when the police and prosecutors refuse to release the FACTS because they see the world as a game and their job as winning the game, the truth be damned, maintaining power and control is all...???
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by Teilhard:
E.g., in the South Carolina case, I have consistently AGREED that charging and firing the officer was apparently the right thing to do (until/unless more FACTS come to light indicating otherwise) …

I'm just not inclined to get up a lynch mob every time a police officer discharges a weapon ...

This [warning: graphic content] is a lynch mob.

This is criticism.

Not being tell the difference leads to ridiculous levels of hyperbole, like claiming it's the person performing an (alleged) summary execution who's being "lynched", not the guy who ended up dead.

[added content warning]

[ 25. April 2015, 19:13: Message edited by: Eutychus ]
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by saysay:
quote:
Originally posted by Teilhard:
No … I simply want to know the FACTS of a particular case before I give a decision about that case …

And when the police and prosecutors refuse to release the FACTS because they see the world as a game and their job as winning the game, the truth be damned, maintaining power and control is all...???
Your words, not mine …

But, umm …

In, say, the Ferguson Case or the South Carolina case, what facts do you believe (or know or imagine) should have been released, but are being held back … ???
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Crœsos:
quote:
Originally posted by Teilhard:
E.g., in the South Carolina case, I have consistently AGREED that charging and firing the officer was apparently the right thing to do (until/unless more FACTS come to light indicating otherwise) …

I'm just not inclined to get up a lynch mob every time a police officer discharges a weapon ...

This [warning: graphic content] is a lynch mob.

This is criticism.

Not being tell the difference leads to ridiculous levels of hyperbole, like claiming it's the person performing an (alleged) summary execution who's being "lynched", not the guy who ended up dead.

[added content warning]

Yeah …
These discussions do tend to become over*the*top with loaded words tossed around -- "summary execution" ...
 
Posted by saysay (# 6645) on :
 
quote:
Originally posted by Teilhard:
But, umm …

In, say, the Ferguson Case or the South Carolina case, what facts do you believe (or know or imagine) should have been released, but are being held back … ???

In the South Carolina case, the PD only did the right thing w/r/t the officer because an independent third party recorded the incident and took it to the media. Their initial response was to say that the officer followed proper procedure.

When proper procedure allows for things like that, expect people to take to the streets.

"People need to know all of the facts we refuse to give them before jumping to conclusions.. "
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by saysay:
quote:
Originally posted by Teilhard:
But, umm …

In, say, the Ferguson Case or the South Carolina case, what facts do you believe (or know or imagine) should have been released, but are being held back … ???

In the South Carolina case, the PD only did the right thing w/r/t the officer because an independent third party recorded the incident and took it to the media. Their initial response was to say that the officer followed proper procedure.

When proper procedure allows for things like that, expect people to take to the streets.

"People need to know all of the facts we refuse to give them before jumping to conclusions.. "

In the South Carolina case, supervising authorities decided/acted -- initially -- on basis of the FACTS that they HAD at the time …

Should they instead have acted upon … what ??? … rumors, conjecture, imagination … ??? … on facts as yet unknown but which could surface in the future … ???

When additional FACTS came to light (the video), they acted then on THAT basis … Properly so …

Do you suggest that ANY/EVERY police officer upon discharging a weapon should simply initially be charged with a crime and summarily fired before all the facts are known … ???

In most jurisdictions, any officer involved in a shooting incident is immediately placed upon paid administrative "leave," i.e., temporarily suspended of duties or assigned to non-patrol duties …

In Minnesota, where I reside, any officer involved fatal shooting is automatically reviewed by the grand jury (properly so) ...
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Crœsos:
quote:
Originally posted by Teilhard:
E.g., in the South Carolina case, I have consistently AGREED that charging and firing the officer was apparently the right thing to do (until/unless more FACTS come to light indicating otherwise) …

I'm just not inclined to get up a lynch mob every time a police officer discharges a weapon ...

This [warning: graphic content] is a lynch mob.

This is criticism.

Not being tell the difference leads to ridiculous levels of hyperbole, like claiming it's the person performing an (alleged) summary execution who's being "lynched", not the guy who ended up dead.

[added content warning]

A shining example of an anti-police "lynch mob" (which in fact resulted in the "summary execution" of two NYPD officers) was that "protest" march in NYC, chanting, "What do we want … ??? DEAD COPS … !!! When do we want 'em … ??? NOW … !!!"
 
Posted by saysay (# 6645) on :
 
quote:
Originally posted by Teilhard:
In the South Carolina case, supervising authorities decided/acted -- initially -- on basis of the FACTS that they HAD at the time …

They didn't have many FACTS. They had a dead body, and they had a police officer's lies.

quote:
Should they instead have acted upon … what ??? … rumors, conjecture, imagination … ??? … on facts as yet unknown but which could surface in the future … ???
Well, yes, they should have acted on facts which could surface in the future by opening an investigation instead of telling the public that the shooting was justified.

quote:
In most jurisdictions, any officer involved in a shooting incident is immediately placed upon paid administrative "leave," i.e., temporarily suspended of duties or assigned to non-patrol duties …

Fire a gun, get a paid vacation at taxpayers' expense. Yep, sounds like an incentive to de-escalate situations.

quote:
In Minnesota, where I reside, any officer involved fatal shooting is automatically reviewed by the grand jury (properly so) ...
Lucky you.

Where I live you give up your constitutional right to not engage with the police unless they have probable cause to suspect you of a crime if you live in certain neighborhoods, and you can get beaten to death because an officer doesn't like the look on your face because your unwillingness to engage with the police is probable cause that you have committed a crime.

It's a neat trick.
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by Teilhard:
In the South Carolina case, supervising authorities decided/acted -- initially -- on basis of the FACTS that they HAD at the time …

Should they instead have acted upon … what ??? … rumors, conjecture, imagination … ??? … on facts as yet unknown but which could surface in the future … ???

If only there were some kind of organization that would investigate suspicion circumstances to see if there were crimes committed! That would be a real boon to the police, instead of having to wait around for information to fall in to their laps.
 
Posted by saysay (# 6645) on :
 
quote:
Originally posted by Teilhard:
A shining example of an anti-police "lynch mob" (which in fact resulted in the "summary execution" of two NYPD officers) was that "protest" march in NYC, chanting, "What do we want … ??? DEAD COPS … !!! When do we want 'em … ??? NOW … !!!"

In Baltimore Faux news faked footage to make it seem like peaceful protesters (who have been protesting every week since Jerome West was killed in police custody) were calling for the death of cops rather than asking for the information that they have a right to and calling for systemic reforms.

But it's true that people are angry. And some of them don't have much left to lose, which worries me.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by saysay:
quote:
Originally posted by Teilhard:
A shining example of an anti-police "lynch mob" (which in fact resulted in the "summary execution" of two NYPD officers) was that "protest" march in NYC, chanting, "What do we want … ??? DEAD COPS … !!! When do we want 'em … ??? NOW … !!!"

In Baltimore Faux news faked footage to make it seem like peaceful protesters (who have been protesting every week since Jerome West was killed in police custody) were calling for the death of cops rather than asking for the information that they have a right to and calling for systemic reforms.

But it's true that people are angry. And some of them don't have much left to lose, which worries me.

The "protesters" in NYC several months ago were marching regarding that guy who died while resisting (his 31st) arrest …

It wasn't a "fake" chant, and the "summary execution" of those two NYPD officers was entirely real …
They were and remain entirely DEAD ...

[ 25. April 2015, 22:26: Message edited by: Teilhard ]
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by saysay:
quote:
Originally posted by Teilhard:
In the South Carolina case, supervising authorities decided/acted -- initially -- on basis of the FACTS that they HAD at the time …

They didn't have many FACTS. They had a dead body, and they had a police officer's lies.

quote:
Should they instead have acted upon … what ??? … rumors, conjecture, imagination … ??? … on facts as yet unknown but which could surface in the future … ???
Well, yes, they should have acted on facts which could surface in the future by opening an investigation instead of telling the public that the shooting was justified.

quote:
In most jurisdictions, any officer involved in a shooting incident is immediately placed upon paid administrative "leave," i.e., temporarily suspended of duties or assigned to non-patrol duties …

Fire a gun, get a paid vacation at taxpayers' expense. Yep, sounds like an incentive to de-escalate situations.

quote:
In Minnesota, where I reside, any officer involved fatal shooting is automatically reviewed by the grand jury (properly so) ...
Lucky you.

Where I live you give up your constitutional right to not engage with the police unless they have probable cause to suspect you of a crime if you live in certain neighborhoods, and you can get beaten to death because an officer doesn't like the look on your face because your unwillingness to engage with the police is probable cause that you have committed a crime.

It's a neat trick.

If the system where you live is truly that corrupt and dangerous, I invite you to move to Minnesota ...
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Crœsos:
quote:
Originally posted by Teilhard:
In the South Carolina case, supervising authorities decided/acted -- initially -- on basis of the FACTS that they HAD at the time …

Should they instead have acted upon … what ??? … rumors, conjecture, imagination … ??? … on facts as yet unknown but which could surface in the future … ???

If only there were some kind of organization that would investigate suspicion circumstances to see if there were crimes committed! That would be a real boon to the police, instead of having to wait around for information to fall in to their laps.
Any investigation/inquiry worthy of confidence takes TIME … People don't always necessarily come forward in the first three minutes or even the first three days ...
 
Posted by Teilhard (# 16342) on :
 
But really, then …

In the real daily messy world … beginning, say, May 1, 2015 …

What should be done … ??? FIRE all police officers everywhere and start from scratch, in the meantime relying on volunteer citizen patrols … ???

What, then … ???
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Doc Tor:
quote:
Originally posted by Teilhard:
Is it "possible to hire non-racist" public school teachers, social workers, nurses and physicians, building contractors, retail clerks, realtors and bankers, etc. … ???

Actually not engaging with this - I asked you a perfectly legitimate question, and I'm asking it again. Do you think it's possible, during hiring and training process for law enforcement officers, to select the non-racists over the racists?

I think it is, and I think it's imperative that it's done.

Police Application Form --

Gender: M … F …

Age:

Training & Certification:

Are you a "racist" … ???: Yes … No ...
 
Posted by saysay (# 6645) on :
 
quote:
Originally posted by Teilhard:
What should be done … ??? FIRE all police officers everywhere and start from scratch, in the meantime relying on volunteer citizen patrols … ???

What, then … ???

This all or nothing rhetoric comes across as disingenuous. No one has said that all cops are psychopaths looking for any excuse to hurt people and hiding behind a badge and a broken system.

But some of them are.

I've given some of my suggestions upthread.

It has to be easier to remove cops with multiple excessive use of force complaints. Citizens need a say. Out of control prosecutors need to be reigned in. The war-like mentality that has the police treat citizens as if they were the enemy has to stop. Police who step over the thin blue line and report misconduct by their fellow officers should be protected, not hounded out of the profession.

There are things that can be done if people are willing to admit that there's a problem.
 
Posted by saysay (# 6645) on :
 
quote:
Originally posted by Teilhard:
Police Application Form --

Gender: M … F …

Age:

Training & Certification:

Are you a "racist" … ???: Yes … No ...

Do you live in or near the area you will be patrolling? Have you ever?

Have you ever attended school, church, or otherwise worked (such as at a charity) side by side with people whose demographics are similar to the demographics of the area you will be patrolling?

No? You were educated at lily white private schools with a handful of token representatives of other races so the school could tick off the diversity box on the federal questionnaire?

You might not be a good fit.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by saysay:
quote:
Originally posted by Teilhard:
What should be done … ??? FIRE all police officers everywhere and start from scratch, in the meantime relying on volunteer citizen patrols … ???

What, then … ???

This all or nothing rhetoric comes across as disingenuous. No one has said that all cops are psychopaths looking for any excuse to hurt people and hiding behind a badge and a broken system.

But some of them are.

I've given some of my suggestions upthread.

It has to be easier to remove cops with multiple excessive use of force complaints. Citizens need a say. Out of control prosecutors need to be reigned in. The war-like mentality that has the police treat citizens as if they were the enemy has to stop. Police who step over the thin blue line and report misconduct by their fellow officers should be protected, not hounded out of the profession.

There are things that can be done if people are willing to admit that there's a problem.

Yes …
However, the officer in the Ferguson case, e.g., did NOT have any history of complaints against him, for "excessive force" or "racism" or any such things …

Yes, of course, any officer who does exhibit sigh a pattern of outrageous behavior should be disciplined, assigned to NON-patrol duty, sand/or fired …

Weeding*out applicants before hiring would of course likely NOT (yet) have such a pattern of behavior that could be easily evaluated ...
 
Posted by saysay (# 6645) on :
 
quote:
Originally posted by Teilhard:
Yes, of course, any officer who does exhibit sigh a pattern of outrageous behavior should be disciplined, assigned to NON-patrol duty, sand/or fired …

If it's so obvious, why are protests necessary?
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by saysay:
quote:
Originally posted by Teilhard:
Yes, of course, any officer who does exhibit sigh a pattern of outrageous behavior should be disciplined, assigned to NON-patrol duty, and/or fired …

If it's so obvious, why are protests necessary?
Interesting rhetorical question …

In The USA, after many years of agitation, "protests," litigation, discussion, etc., women are paid only about 78% of the amount paid to men for comparable work …

There remain significant racial disparities and injustices fully 150 years after Emancipation and fifty years after the heights of the Civil Rights Movement …

Only now are GLBT persons beginning to gain full rights as citizens and as human beings … etc., etc. …

These changes take time, and they involve changes of human hearts and minds ...
 
Posted by Doc Tor (# 9748) on :
 
quote:
Originally posted by Teilhard:
quote:
Originally posted by Doc Tor:
I asked you a perfectly legitimate question, and I'm asking it again. Do you think it's possible, during hiring and training process for law enforcement officers, to select the non-racists over the racists?

I think it is, and I think it's imperative that it's done.

Police Application Form --

Gender: M … F …

Age:

Training & Certification:

Are you a "racist" … ???: Yes … No ...

Okay, one last opportunity for you to dodge the question: do you think it's possible, during the hiring and training of police officers to, at the very least indicate that if they get caught doing racist shit, they can hand in their badge and their gun and get the hell out of Dodge?

Because the idea of having racist desk sergeants, racist admin staff, racist custody officers and the like is not the answer to not having racist beat officers.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Doc Tor:
quote:
Originally posted by Teilhard:
quote:
Originally posted by Doc Tor:
I asked you a perfectly legitimate question, and I'm asking it again. Do you think it's possible, during hiring and training process for law enforcement officers, to select the non-racists over the racists?

I think it is, and I think it's imperative that it's done.

Police Application Form --

Gender: M … F …

Age:

Training & Certification:

Are you a "racist" … ???: Yes … No ...

Okay, one last opportunity for you to dodge the question: do you think it's possible, during the hiring and training of police officers to, at the very least indicate that if they get caught doing racist shit, they can hand in their badge and their gun and get the hell out of Dodge?

Because the idea of having racist desk sergeants, racist admin staff, racist custody officers and the like is not the answer to not having racist beat officers.

Whether we like it or not, whether it is an ideal arrangement or not, every human institution -- including police departments, courts, councils, internet discussion groups, school faculties, etc. -- is staffed entirely and solely by sinful fallible flawed human beings … some of whom will be found to entertain disgusting notions, values, thoughts and inclinations …

If we fired everybody, there would be no one to do any work ...
 
Posted by Doc Tor (# 9748) on :
 
To conclude: you don't want a non-racist police force.

Well done. You are officially part of the problem.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Doc Tor:
To conclude: you don't want a non-racist police force.

Well done. You are officially part of the problem.

I want a non"racist" SOCIETY … It will take time …
What is not clear about this … ???

OF COURSE, we should -- must -- insist upon equal justice under the Laws … We must -- MUST -- apply equal standards of law enforcement and protection of human and civil rights …

But we're not perfect … Not even the harshest most self-righteous critics are perfect enough …
 
Posted by Leorning Cniht (# 17564) on :
 
quote:
Originally posted by Teilhard:
Whether we like it or not, whether it is an ideal arrangement or not, every human institution -- including police departments, courts, councils, internet discussion groups, school faculties, etc. -- is staffed entirely and solely by sinful fallible flawed human beings

Well, yes, police officers are human, and as such will make mistakes, and some of them will be bad people.

But some fraction of the population engage in criminal behaviour. We don't tolerate that in police officers - if a police officer is caught burgling houses or selling drugs on street corners, we don't expect to reassign him to a desk job.

Why should we treat racist police differently?

The police, as has been mentioned several times on this thread, are given special authority that ordinary people don't have. By virtue of that authority, a racist (or otherwise bad) police officer can do more harm than he could if he had another job. A racist cop is worse for society than a racist librarian or a racist bank teller.

Yes, there's lots of racism around, but the people we select to be police officers should be, perhaps, from the least racist half of the population.

Also note that a racist environment breeds more racism. If you're borderline racist, and you spend your time hanging out with racists, you will become more racist. Maybe you can't fire every racist, but if you fire the worst examples, you'll make those you didn't fire less racist than they would otherwise be, just by removing the worst influences. Plus you make it clear that, whatever people's private opinions, if they commit egregious racist acts they're going to be out of work.
 
Posted by Leorning Cniht (# 17564) on :
 
quote:
Originally posted by Teilhard:
I want a non"racist" SOCIETY … It will take time …
What is not clear about this … ???

The part where you shrug your shoulders and don't want to do anything to help society become less racist.

Wanting a non-racist society means not tolerating racism.
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Leorning Cniht:
quote:
Originally posted by Teilhard:
Whether we like it or not, whether it is an ideal arrangement or not, every human institution -- including police departments, courts, councils, internet discussion groups, school faculties, etc. -- is staffed entirely and solely by sinful fallible flawed human beings

Well, yes, police officers are human, and as such will make mistakes, and some of them will be bad people.

But some fraction of the population engage in criminal behaviour. We don't tolerate that in police officers - if a police officer is caught burgling houses or selling drugs on street corners, we don't expect to reassign him to a desk job.

Why should we treat racist police differently?

The police, as has been mentioned several times on this thread, are given special authority that ordinary people don't have. By virtue of that authority, a racist (or otherwise bad) police officer can do more harm than he could if he had another job. A racist cop is worse for society than a racist librarian or a racist bank teller.

Yes, there's lots of racism around, but the people we select to be police officers should be, perhaps, from the least racist half of the population.

Also note that a racist environment breeds more racism. If you're borderline racist, and you spend your time hanging out with racists, you will become more racist. Maybe you can't fire every racist, but if you fire the worst examples, you'll make those you didn't fire less racist than they would otherwise be, just by removing the worst influences. Plus you make it clear that, whatever people's private opinions, if they commit egregious racist acts they're going to be out of work.

Like it or not, our police officers grow up in and reflect our society … We don't have the luxury of importing them from Heaven …

And every one of them is a fallible flawed sinful human being who is imperfect and does make mistakes ...
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Leorning Cniht:
quote:
Originally posted by Teilhard:
I want a non"racist" SOCIETY … It will take time …
What is not clear about this … ???

The part where you shrug your shoulders and don't want to do anything to help society become less racist.

Wanting a non-racist society means not tolerating racism.

Excuse me … ???

You have no idea of what I do and have done PERSONALLY to mitigate the problem of "racism" in our society in general …

However, I harbor no Messianic illusions that I can and could should end "racism" single handedly if only I would just follow the ten easy steps offered by harsh all-knowing self righteous critics … It is to THOSE such folks that I offer my … *shrug* ...
 
Posted by Porridge (# 15405) on :
 
quote:
Originally posted by Teilhard:
Like it or not, our police officers grow up in and reflect our society … We don't have the luxury of importing them from Heaven …

And every one of them is a fallible flawed sinful human being who is imperfect and does make mistakes ...

Who has suggested that we import our police personnel from Heaven? I grant, one poster has suggested we import vacationing Swedish cops, but I'm assuming that was in jest.

What Leorning Cniht has suggested is that we recruit police from the less-racist half of our society. What problem, if any, do you have with that suggestion?
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Porridge:
quote:
Originally posted by Teilhard:
Like it or not, our police officers grow up in and reflect our society … We don't have the luxury of importing them from Heaven …

And every one of them is a fallible flawed sinful human being who is imperfect and does make mistakes ...

Who has suggested that we import our police personnel from Heaven? I grant, one poster has suggested we import vacationing Swedish cops, but I'm assuming that was in jest.

What Leorning Cniht has suggested is that we recruit police from the less-racist half of our society. What problem, if any, do you have with that suggestion?

Okay …
For the sake of all communities everywhere, perhaps you can now start drawing up a comprehensive trust worthy list of all persons known dependableyto be "non-racist" ...
 
Posted by Porridge (# 15405) on :
 
A list? Why a list, when a reasonably reliable test already exists, which we could ask applicants to take when they apply for jobs or places in police training academies?

[ 26. April 2015, 20:30: Message edited by: Porridge ]
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Porridge:
A list? Why a list, when a reasonably reliable test already exists, which we could ask applicants to take when they apply for jobs or places in police training academies?

Sounds like a plan ...
 
Posted by Teilhard (# 16342) on :
 
quote:
Originally posted by Teilhard:
quote:
Originally posted by Porridge:
A list? Why a list, when a reasonably reliable test already exists, which we could ask applicants to take when they apply for jobs or places in police training academies?

Sounds like a plan ...
My over all preference, though … is for an integrated (!!!) realistic understanding of life in human community … taking account of differences, foibles, and even sins (!!!) …

See, in my Tradition, "sins" can be forgiven -- on condition of true contrition … leading to "amendment of life" …
 
Posted by Barnabas62 (# 9110) on :
 
Host Hat On

Teilhard

This is a formal warning. Overuse of punctuation is not the greatest Commandment or Guideline breach by any means but it seems very clear from your recent posts that you are using it in support of a more generally provocative style of response. That is more serious. It is not a proper engagement in serious discussion.

Admin, not Hosts, make decisions on provocative posting styles, in accordance with Commandment 1. So I am referring your pattern of posting behaviour to them.

Meanwhile, I suggest you lay off the over-punctuation and dial down the provocation.

Barnabas62
Purgatory Host

Host Hat Off

[ 27. April 2015, 07:18: Message edited by: Barnabas62 ]
 
Posted by Soror Magna (# 9881) on :
 
Well, now it's Baltimore. This is interesting because it explains, among other things, the legal arguments that police can use to justify shooting people in the back because of the neighbourhood they live in.

[ 29. April 2015, 01:33: Message edited by: Soror Magna ]
 
Posted by Golden Key (# 1468) on :
 
Soror Magna--

I skimmed the article. Wow.
[Mad] [Tear]

From the basic film clips I've seen on the news, Freddie looked like he was in bad shape when they started to drag him to the van. Didn't look like a resisting sort of dragging. More like collapse. NOT saying the police weren't responsible, just that the problem may have started before the van.

I don't understand why, in this and other cases, the police don't even make the appearance of giving first aid or getting medical help. Even if they think it was an accident, or that they were totally justified, or are hard-core sadistic haters, you'd think that--by now--they'd have the sense to realize that this is going to cause really bad PR, and they should at least *look* like they give a damn.
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by Golden Key:
From the basic film clips I've seen on the news, Freddie looked like he was in bad shape when they started to drag him to the van. Didn't look like a resisting sort of dragging. More like collapse. NOT saying the police weren't responsible, just that the problem may have started before the van.

Well that's the mystery, isn't it? Freddie Gray is apparently well enough to run away from police at a good clip of speed immediately before his arrest (which we wouldn't expect if his spinal cord was already partially severed), but somehow ends up dead due to causes that no one in the Baltimore Police Department or Mayor's office can explain. From the Atlantic:

quote:
Freddie Gray's death on April 19 leaves many unanswered questions. But it is clear that when Gray was arrested in West Baltimore on the morning of April 12, he was struggling to walk. By the time he arrived at the police station a half hour later, he was unable to breathe or talk, suffering from wounds that would kill him.*

<snip>

The police say Gray didn't resist arrest and that officers didn't use force, which seems to be mostly corroborated by video shot by bystanders. Gray seems to shout in pain, and his leg seems injured as officers drag him to a police van. (Someone off camera shouts, "His leg broke and y'all dragging him like that!") Gray also had asthma and requested his inhaler, but didn't get it. Yet it's not the leg or the asthma that killed him. Instead, it was a grave injury to his spinal cord. Gray's family said he was treated for three fractured vertebrae and a crushed voice box, the sorts of injuries that doctors say are usually caused by serious car accidents. The van made at least two stops before reaching the police station, but there's no footage to say what happened during the journey or at those stops.

It's a baffling conundrum. "None of the officers describe any use of force," Deputy Police Commissioner Jerry Rodriguez said. "None of the officers describe using any force against Mr. Gray." And yet somehow Gray was fatally hurt while in police custody.

So we're left with a lack of information in which we can only speculate. More to the point, there are all kinds of questions that the Baltimore PD should be able to answer, but apparently either can't or won't.

[ 29. April 2015, 15:18: Message edited by: Crœsos ]
 
Posted by lilBuddha (# 14333) on :
 
The kind of evidence which would convict a civilian is a somehow a conundrum when police are involved.
 
Posted by saysay (# 6645) on :
 
Well, they have more rights than mere mortals.

Why Dems aren't necessarily feeling the love in some neighborhoods.
 
Posted by Golden Key (# 1468) on :
 
quote:
Originally posted by Crœsos:
quote:
Originally posted by Golden Key:
From the basic film clips I've seen on the news, Freddie looked like he was in bad shape when they started to drag him to the van. Didn't look like a resisting sort of dragging. More like collapse. NOT saying the police weren't responsible, just that the problem may have started before the van.

Well that's the mystery, isn't it? Freddie Gray is apparently well enough to run away from police at a good clip of speed immediately before his arrest (which we wouldn't expect if his spinal cord was already partially severed), but somehow ends up dead due to causes that no one in the Baltimore Police Department or Mayor's office can explain.
FWIW: I brought up the way he looked *to me* when they first dragged him, because virtually all the media I encountered said he looked fine before he got into the van. I only heard one person who noticed what I did.

To me, it looks like *something* may have happened before Freddie was put in the van. It may well not have been the spinal break, but there was something.
 
Posted by Doublethink. (# 1984) on :
 
If you google walking around with a broken neck, you will find a number of high profile cases. Usually, as soon as it is discovered they are rushed into treatment because a relatively minor shock to the neck could be fatal.

It is remotely possible that Freddie Gay had a pre-existing injury that started to destabilise during the chase, and killed him because it was jarred during the van ride - but it is highly improbable. Might explain why his leg suddenly stopped working though.
 
Posted by Barnabas62 (# 9110) on :
 
I don't think the expedited autopsy report is out yet; that will be a summary, the full report will take a little longer. I'm sure that will cover any evidence of pre-existing injuries.

Personally, I'm with Croesos at this stage. The circumstances do look extraordinarily suspicious. People can hardly be blamed for seeing that at least. The forensic evidence will clarify the justification for those suspicions.

I guess Ferguson demonstrated the dangers of instant conclusions. The "two stories", and folks' pre-existing preferences for one or the other, are in play again, to judge from the Google entries. People seem less prepared these days to wait for the detailed evidence to tell its own specific story. Given current patterns, you can hardly blame them for that either.

The quality and integrity of policing in the US is mired in a world of trouble these days and the loss of confidence will not be dealt with simply by case-by-case investigations.

[ 30. April 2015, 16:23: Message edited by: Barnabas62 ]
 
Posted by lilBuddha (# 14333) on :
 
life is not case-by-case, why should Justice be?
 
Posted by Crœsos (# 238) on :
 
Possibly relevant: A Philadelphia-based article from 2001 detailing the police practice vernacularly known as "nickel rides". The practice would seem to be consistent with the type of injuries allegedly sustained by Mr. Gray, though that by itself is not proof.
 
Posted by Doublethink. (# 1984) on :
 
I'd be interested to see the Baltimore PD version of this.
 
Posted by Porridge (# 15405) on :
 
Just heard an unconfirmed radio report that the van made a previously unreported stop en route to the station.
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by Porridge:
Just heard an unconfirmed radio report that the van made a previously unreported stop en route to the station.

It's something the Baltimore PD has confirmed, so we can be fairly certain of its accuracy.

quote:
Baltimore police announced today that newly obtained security camera footage showed the police van transporting Freddie Gray made a previously unknown stop on the day he was arrested.

<snip>

[Deputy Commissioner Kevin] Davis said they learned of the new stop after examining footage from a privately owned security camera. The only detail he announced about this stop was that it took place at North Fremont Avenue and Mosher Street.

From this we can surmise that full cooperation is not forthcoming from the officers involved, since they should remember the stops made, and that records of such stops are either not made or are easily altered after the fact. Having to rely on "footage from a privately owned security camera" indicates there's stonewalling going on by at least some parties involved. The fact that this information is now in the media indicates that this stonewalling was at least partially unsuccessful.
 
Posted by romanlion (# 10325) on :
 
The kid did it to himself. Sounds like another person in the back of the vehicle is saying so. Also a bolt inside the van that matches the head wound.

Hands up! Don't shoot! [Roll Eyes]
 
Posted by chris stiles (# 12641) on :
 
quote:
Originally posted by romanlion:
The kid did it to himself. Sounds like another person in the back of the vehicle is saying so.

http://www.huffingtonpost.com/2015/04/30/doubts-freddie-gray-injured-himself_n_7177356.html

"Miller also pointed out that on April 23, Commissioner Batts said that the second prisoner had said Gray was “mostly quiet.”"
 
Posted by Barnabas62 (# 9110) on :
 
Yes, I saw that, Chris. And, again, the autopsy should be able to consider the plausibility of self-inflicted hurt. romanlion's assertion may fit one of the "two scenarios", but it needs rather more than an assertion of the content of a statement by another prisoner who may not have been able to see what was happening, and who may have reasons of his own for a statement.

That was one of the other lessons from Ferguson. There were plenty of witness statements flying around which flew in the face of the forensics.

[ 30. April 2015, 22:36: Message edited by: Barnabas62 ]
 
Posted by saysay (# 6645) on :
 
quote:
Originally posted by romanlion:
The kid did it to himself. Sounds like another person in the back of the vehicle is saying so. Also a bolt inside the van that matches the head wound.

Hands up! Don't shoot! [Roll Eyes]

Oh, yeah. Point violence.

Don't say we didn't warn you. (I can't control this reaction to injustice - don't pretend that I can).
 
Posted by Alan Cresswell (# 31) on :
 
Here's what's probably a stupid question, but anyway ...

I'm assuming there's a fairly high rate of prisoners deliberately injuring themselves in the back of vans and claiming "the cops did it!", it would be a means by which the person in custody might think it could cast doubt on his arrest, maybe gets some compensation, etc.

Therefore, it would seem that installing cameras in the back of police vans would be a good idea, as it would provide positive evidence of the innocence of police officers faced with false charges of injuring a prisoner.

I'm further going to assume that cameras were not fitted to the van in this case, otherwise the speculation about what happened would be settled. Is there any reason why such equipment is not routinely used?
 
Posted by Doc Tor (# 9748) on :
 
quote:
Originally posted by Alan Cresswell:
Is there any reason why such equipment is not routinely used?

The same reason there's resistance to bodycams, I guess.

But you always have the scenario (like at Hillsborough) where the CCTV footage 'disappears'. Cameras aren't a universal panacea.
 
Posted by jbohn (# 8753) on :
 
I'd guess in some cases it's simply economics - newer vehicles may (or may not) have cameras, etc. installed at delivery, but older ones aren't retrofitted due to cost.

Then, of course, there's the "lost film" issue. Ideally, you'd have realtime streamed delivery to a secure storage location that the PD doesn't have access to (state attorney's office or some such) - but that's a pretty expensive and technologically challenging proposition.
 
Posted by Soror Magna (# 9881) on :
 
To be fair, there is also the matter of the privacy of citizens being continuously recorded by police. Before deploying any sort of police surveillance it's essential to establish how that information will be used / stored / disseminated. In addition, recording, storing and retrieving the data requires equipment and an operating budget. And given the pace of technological change, it will require con$tant inve$tment and upgrade$ to remain useful.
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by Soror Magna:
To be fair, there is also the matter of the privacy of citizens being continuously recorded by police.

Except in this case we're talking about someone already in police custody, a situation where typical privacy considerations usually don't apply.
 
Posted by Porridge (# 15405) on :
 
OK, I'm going to throw in something only partially relevant here.

I spent a short time as an adjunct instructor at a community college which houses this state's police training academy. During my brief stint as a college instructor (to which I'm considering returning), I had several criminal justice students.

They were the worst of my students -- academically, behaviorally, maturationally (if that's a word) -- indeed, in every way possible.

I was teaching a basic sociology course they were required ti take. Things got so bad I had to seek help with classroom management (and I have a day job dealing with folks who are psychiatrically & developmentally challenged!).

All the other instructors I consulted said they had the same issues. The majority of the CJ students consider any course not run out of the CJ department a joke; they all seek to 'game' the academic system; they cheat, plagiarize, try to take over the class, etc. etc.

I finally went to see the head of the CJ program. His response was, "This is an open admission system; these are the applicants we get, and we have to take them."

In vain did I point out that the whole school was (almost -- not really quite) open admission, but that this was the one program whose students routinely caused problems.

He said, "Well, we depend on you guys to weed out the bad apples."

!!! I said, "Shouldn't you be doing that? Seriously, do you want people like this acquiring badges and service revolvers?"

I haven't shared this on this thread, feeling my experience, so abbreviated, can hardly be representative. But I wonder. This is a two-year program, and people are coming into with the mindset some of these officers seem to have coming out of whatever training they get (if any).
 
Posted by Doc Tor (# 9748) on :
 
So what would have happened if you'd failed them?
 
Posted by chris stiles (# 12641) on :
 
quote:
Originally posted by Alan Cresswell:
Here's what's probably a stupid question, but anyway ...

I'm assuming there's a fairly high rate of prisoners deliberately injuring themselves in the back of vans and claiming "the cops did it!", it would be a means by which the person in custody might think it could cast doubt on his arrest, maybe gets some compensation, etc.

Though in general the incidence of someone crushing their own voicebox is fairly rare.
 
Posted by Barnabas62 (# 9110) on :
 
Autopsy, Chris? There will be a report on cause of death, pre mortem and post mortem injuries.

I agree with you re the likelihood of self-inflicted damage to the vocal chords and associated tissue. But the extent of the damage remains to be seen. What we've got so far are non-authoritative reports (from a medical POV) and a fair bit of hearsay.
 
Posted by Doc Tor (# 9748) on :
 
Baltimore police to face criminal charges
 
Posted by saysay (# 6645) on :
 
quote:
Originally posted by Alan Cresswell:
I'm assuming there's a fairly high rate of prisoners deliberately injuring themselves in the back of vans and claiming "the cops did it!", it would be a means by which the person in custody might think it could cast doubt on his arrest, maybe gets some compensation, etc.

Recent events may have damaged my irony meter, so if I'm misreading you, I apologize.

But there is not a high rate of prisoners injuring themselves in order to claim 'the cops did it.' In the US, there is no payoff to that - if anything you get blamed for bringing it on yourself by resisting (and catch an additional charge).

There are a lot of people injured by cops.

There are sometimes people who claim to be injured when they are not, as the cops are obligated to arrange for medical care, and hospital rooms are generally nicer than prison cells.

But I can't think of even a single rumor of somebody deliberately injuring themselves and claiming the cops did it.
 
Posted by mousethief (# 953) on :
 
quote:
Originally posted by jbohn:
I'd guess in some cases it's simply economics - newer vehicles may (or may not) have cameras, etc. installed at delivery, but older ones aren't retrofitted due to cost.

Then, of course, there's the "lost film" issue. Ideally, you'd have realtime streamed delivery to a secure storage location that the PD doesn't have access to (state attorney's office or some such) - but that's a pretty expensive and technologically challenging proposition.

I dunno. The ACLU has an app you can use to upload video from your cell phone to the web as it's being shot. They introduced it during the Occupy campaigns of a couple years back. So it's doable and can't be horribly difficult. So that excuse is gone.

[ 02. May 2015, 02:57: Message edited by: mousethief ]
 
Posted by Barnabas62 (# 9110) on :
 
quote:
Originally posted by Doc Tor:
Baltimore police to face criminal charges

Initial view of autopsy report. The medical officer is said to have determined that Freddy Gray's death was a homicide. And this has contributed to the finding of probable cause.

No details yet, but it looks as though the self-harm theory does not stack up with the forensics.

This was not a surprise to me. But, quoting President Obama, "What I think the people of Baltimore want more than anything else is the truth." And a proper, considered, establishment of that truth.
 
Posted by Martin60 (# 368) on :
 
That two pen'orth is very valuable indeed Porridge. And Crœsos, yep, that's EXACTLY what happened until proven otherwise. Murder by ride.
 
Posted by Porridge (# 15405) on :
 
quote:
Originally posted by Doc Tor:
So what would have happened if you'd failed them?

In actuality, I dropped (from two successive semesters) six of them, failed five more, and only one passed the course.

The failed students just took the course again.
 
Posted by Doc Tor (# 9748) on :
 
Geez. I suppose the necessity of having to retake may have taught them something in itself, but I'm not holding my breath.
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by mousethief:
quote:
Originally posted by jbohn:
I'd guess in some cases it's simply economics - newer vehicles may (or may not) have cameras, etc. installed at delivery, but older ones aren't retrofitted due to cost.

Then, of course, there's the "lost film" issue. Ideally, you'd have realtime streamed delivery to a secure storage location that the PD doesn't have access to (state attorney's office or some such) - but that's a pretty expensive and technologically challenging proposition.

I dunno. The ACLU has an app you can use to upload video from your cell phone to the web as it's being shot. They introduced it during the Occupy campaigns of a couple years back. So it's doable and can't be horribly difficult. So that excuse is gone.
The ACLU's solution is much simpler than a police implementation would be. That said, it still is not unreasonable from a technical standpoint.
But that is not the reason it hasn't occured. The reason such abuses take place is that the police feel justified in doing it. And a significant number of the public agree or accept.
 
Posted by chris stiles (# 12641) on :
 
quote:
Originally posted by lilBuddha:

The ACLU's solution is much simpler than a police implementation would be. That said, it still is not unreasonable from a technical standpoint.
But that is not the reason it hasn't occured. The reason such abuses take place is that the police feel justified in doing it. And a significant number of the public agree or accept.

Which feeds back to the discussion earlier in the thread about non-violent movements. MLK Jrs use of non-violence was as much a tactic as an ethic, it worked because the white majority still could be shamed about the treatment that the protesters were greeted with.

It seems that to a large extent that this is no longer the case - see the video of the guy who was shot by the deputy who mixed up his taser and his gun, at one point as the victim realising he was shot says 'I'm shot, help I can't breathe', to which the policeman with his knee on the victim's head said 'Fuck your breath'. It seems to me that non-violence only works up to the point where the majority of people would find that behaviour outrageous.
 
Posted by saysay (# 6645) on :
 
quote:
Originally posted by lilBuddha:
But that is not the reason it hasn't occured. The reason such abuses take place is that the police feel justified in doing it. And a significant number of the public agree or accept.

I'm not sure it's about the public agreeing or accepting that police abuse is justified - I think it's more about the police painting such behavior as isolated incidents rather than revelations of systemic failures, and most people buying into it.

Even the mainstream media got frustrated last night at getting herded into staging areas and not being able to document how the police were handling protestors who were breaking curfew.

Martial law is fun. No, really.
 
Posted by chris stiles (# 12641) on :
 
quote:
Originally posted by saysay:


Even the mainstream media got frustrated last night at getting herded into staging areas and not being able to document how the police were handling protestors who were breaking curfew.

Martial law is fun. No, really.

It's partly also the assumption that if there are abuses they aren't really abuses because the people being targeted are 'wrongs 'uns'. It becomes more of a live issue when nice middle class people find themselves on the wrong side of this.
 
Posted by saysay (# 6645) on :
 
Yeah, I'm not sure people living in the suburbs understand how often people in some neighborhoods have some kind of contact with the police. Even if it's just (as with Freddie Gray) seeing them and making eye contact.

In a system where it's almost impossible to get rid of the bad cops, that means sooner or later most poor people are going to have an encounter with a bad cop.
 
Posted by FCB (# 1495) on :
 
In the past week I've read a lot of things about Baltimore from people who don't know s**t about Baltimore, but simply want to use recent events to prove their pet theory about this or that, from looting as a revolutionary act to how somehow the Democratic Party is responsible for the death of Freddie Gray (lesson learned: when your city is in the news, avoid the internet).

So it was a blessed relief to read something by someone who does know s**t about Baltimore: David Simon on what went wrong with policing in Baltimore. It helps to explain, among other things, why the charges of false imprisonment brought against two of the officers are probably more significant than the murder charge.
 
Posted by Barnabas62 (# 9110) on :
 
Thought I hadn't seen you around Purg for a while, FCB. Thanks for dropping in and posting such an informative link.
 
Posted by lilBuddha (# 14333) on :
 
I'd read part of that interview somewhere. Either that source did not include the entirety or I failed to read it. But the part regarding ingnoring, reducing the nature of, crimes is infuriating.
Rape is a difficult thing to report as it is, but to have it ignored even more, just to boost statistics, is infuriating. As is having attempts to report any crime dismissed so.
It is also chilling. To think that such tactics are confined to Baltimore is naive.
 
Posted by Golden Key (# 1468) on :
 
FCB--

Thanks for that link! Very informative *and* well-written.
 
Posted by chris stiles (# 12641) on :
 
I have read that interview - as well as similar. One of the uncommented upon ironies of all this is that of the media gurus who claim to be mystified about why the riots even happened - even as they praised series like the 'Wire' for their 'gritty realism'.
 
Posted by Crœsos (# 238) on :
 
The Atlantic has an interesting article asking the question of why, if Ferguson, MO is home to the headquarters of a Fortune 500 company, does the city rely on predatory policing practices to raise revenue instead of property taxes. It's a fairly good look at some of the policy decisions that led to the current situation.
 
Posted by Doublethink. (# 1984) on :
 
Also, strikes me "the code" was a problem even before it was abandoned.
 
Posted by Golden Key (# 1468) on :
 
DT--

Yes. OTOH, it did informally impose *some* limits.
 
Posted by Barnabas62 (# 9110) on :
 
A little out of "left field" but one question which has occurred to me from recent entries is whether U.S. Police have performance related pay and if so what sorts of targets are set. IME performance targets often have the impact of distorting behaviour away from good principles towards the achievement of required statistics. Is this any kind of factor here?
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by Barnabas62:
A little out of "left field" but one question which has occurred to me from recent entries is whether U.S. Police have performance related pay and if so what sorts of targets are set. IME performance targets often have the impact of distorting behaviour away from good principles towards the achievement of required statistics. Is this any kind of factor here?

One of the article linked mentioned that the number of arrests was linked to promotion. It was cited as a factor in the resulting poor policing.
 
Posted by orfeo (# 13878) on :
 
Ah, the good old world of badly chosen KPIs (key performance indicators).

Seriously, the world is rife with indicators that have been chosen on the basis that they are easy to count when there is pressure to find something to measure. It's just that most badly chosen KPIs don't have quite so much impact on the lives of others.
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by lilBuddha:
quote:
Originally posted by Barnabas62:
A little out of "left field" but one question which has occurred to me from recent entries is whether U.S. Police have performance related pay and if so what sorts of targets are set. IME performance targets often have the impact of distorting behaviour away from good principles towards the achievement of required statistics. Is this any kind of factor here?

One of the article linked mentioned that the number of arrests was linked to promotion. It was cited as a factor in the resulting poor policing.
That was from the David Simon interview.

quote:
How do you reward cops? Two ways: promotion and cash. That's what rewards a cop. If you want to pay overtime pay for having police fill the jails with loitering arrests or simple drug possession or failure to yield, if you want to spend your municipal treasure rewarding that, well the cop who’s going to court 7 or 8 days a month — and court is always overtime pay — you're going to damn near double your salary every month. On the other hand, the guy who actually goes to his post and investigates who's burglarizing the homes, at the end of the month maybe he’s made one arrest. It may be the right arrest and one that makes his post safer, but he's going to court one day and he's out in two hours. So you fail to reward the cop who actually does police work. But worse, it’s time to make new sergeants or lieutenants, and so you look at the computer and say: Who's doing the most work? And they say, man, this guy had 80 arrests last month, and this other guy’s only got one. Who do you think gets made sergeant? And then who trains the next generation of cops in how not to do police work? I’ve just described for you the culture of the Baltimore police department amid the deluge of the drug war, where actual investigation goes unrewarded and where rounding up bodies for street dealing, drug possession, loitering such – the easiest and most self-evident arrests a cop can make – is nonetheless the path to enlightenment and promotion and some additional pay. That’s what the drug war built, and that’s what Martin O’Malley affirmed when he sent so much of inner city Baltimore into the police wagons on a regular basis.

 
Posted by orfeo (# 13878) on :
 
God, that interview is depressing. And yet so thoroughly plausible.
 
Posted by saysay (# 6645) on :
 
quote:
Originally posted by Barnabas62:
A little out of "left field" but one question which has occurred to me from recent entries is whether U.S. Police have performance related pay and if so what sorts of targets are set. IME performance targets often have the impact of distorting behaviour away from good principles towards the achievement of required statistics. Is this any kind of factor here?

In addition to the David Simon quote, there's the reality that in a lot of places officers accused of using excessive force are often suspended with pay pending an investigation, which nearly always clears them of wrongdoing.

A paid vacation for abusing a member of the public is a really perverse incentive.
 
Posted by FCB (# 1495) on :
 
quote:
Originally posted by orfeo:
God, that interview is depressing. And yet so thoroughly plausible.

Simon has been criticized for making the situation depicted in The Wire so bleak and hopeless that it drains off all energy for effective political action in Baltimor. I don't really buy that criticism, both in the sense that I think the portrayal of the situation is pretty realistic, and in the sense that there are some signs of hope in The Wire, albeit not political ones.
 
Posted by lilBuddha (# 14333) on :
 
Real solutions are long term. People have no understanding of what that means.
 
Posted by Barnabas62 (# 9110) on :
 
I think politicians do. If you are "morally malleable" (another Sir Humphrey quote) then you quite see the sense of this, which I've just quoted in the UK Election thread.

quote:
Sir Humphrey: If you want to be really sure that the Minister doesn't accept it, you must say the decision is "courageous".
Bernard: And that's worse than "controversial"?
Sir Humphrey: Oh, yes! "Controversial" only means "this will lose you votes". "Courageous" means "this will lose you the election"!

From memory, I think the dialogue continues that "courageous and far-sighted will not only lose you the next election, but the one after that as well".

It's an issue with democracies that "crisis management" is much easier to justify politically than prevention of future crisis by means of a present cost. Mind you, in US terms, police credibility strikes me as an immediate crisis requiring action now. But that's where the chronic polarisation of US political life comes in.

And that strikes me as another crisis. One which seems very likely to continue, even ratchet up, if Hilary gets the presidency. But I stray too far from the thread theme!
 
Posted by Martin60 (# 368) on :
 
That David Simon interview is utterly superb.

If I may, and I know I have the penchant for throwing one line hand grenades to derail threads and this is spill-over from the Kill the Christians thread where I'm accusing Andrew, Justin and George of being warmongers, but I'm genuinely vexed by the issue, the greater thread, of Christians and violence and do see this as an appropriate thread, starting from the other 'end' of the greater.

And yeah thread implies dichotomy - as in my Christian warmonger accusation end on the Kill etc thread - and this is already feeling like a two-dimensional, and soon three, multi-dimensional, issue.

A very fluid, spinning, tumbling orbit object indeed.

Where to begin? 1663 comments in. The Wiki article is an excellent summation from this punter's POV. The truth will be an approximation to the distribution of testimonies there. So, I'm me - and Darren Dean Wilson at high noon, August 9, 2014, on Canfield Drive, Ferguson, Missouri. What would I have done differently? Nothing I suspect. Even taking in to account Johnson's testimony.

I'm me, with what I believed then - neo-liberal, postmodern, pacifist a la MLK, Ghandi, my Jesus - Christian - AND I'm a 28 year old American peace officer.

Is that possible? It might not be coherent, but what is. Is it possible? Is it valid? Can it be made coherent. Feels so to me.

Freddie Forsythe explores the dilemma very well in his character The Jesuit in The Avenger. A guy comes at me with a knife (closest I've been: stopping an attempted suicide attacking himself with a broken bottle), I look around for a defensive weapon (the curtains ...), prepared to run off screaming my lungs out. Unless there are other potential victims present. There's a chair. On the street? A dustbin. Dustbin lids have gone! They WERE handy. So inside there's a good chance of a chair. I can defend myself from a knifeman.

Stand-off. There are other potential victims. He won't go. The situation feels like it's spiralling out of control. My wife, daughter are behind me. OK. In front of me. Between us. What's GOING to happen?

Anything unchristian? Anything un-humanitarian? Inhumane? Immoral? Un-Christ-like? On my side? Anything Jesus wouldn't do?

In the mean time another me turns up as a UK cop, part of an armed response unit. In being trained for that beyond normal police combat - violence - is that even more unchristian than the unarmed combat training (if pepper spray, Taser, telescopic cosh are not arms?).

I feel not. Not at all.

(And the curtains worked just fine. Well I had to completely overpower him with brute force first and he wasn't a wimp and he went for me with the broken bottle ... afterwards I tied him up with the curtains. And yes I'd do it all again. We were 20.)

BUT should my pacifist stance be reeled in at the far end?

Northern Ireland. Could I have been me and a squaddie? A para? As a matter of HIGH civic duty? Somebody HAS to do something. As a squaddie, a para I become a Christian. Then what? As a Christian ... I become a para? A surgical, no survivors ambushing, counter-terror SAS trooper? Was the great C.H. Spurgeon, four pages down, wrong? VILE TRIGGER: DO NOT GO BEYOND THE QUOTES. Epitomized elsewhere by "…The Lord Jesus Christ is our peace in a second sense, namely, in making peace between nations. That there are wars in the world at the present time is not the consequence of anything that Christ has said, but of the lusts of our flesh. As I understand the Word of God, I always rejoice to find a soldier a Christian, but I always mourn to find a Christian a soldier , for it seems to me that when I take up Christ Jesus, I hear one of His Laws, “I say unto you, resist not evil. Put up your sword into its sheath; he that takes the sword shall perish by the sword.” The followers of Christ in these days seem to me to have forgotten a great part of Christianity."

D.L. Moody — There has never been a time in my life when I felt that I could take a gun and shoot down a fellow being. In this respect I am a Quaker. - my response, lucky you Dwight. You need to get out more. There have been MANY times in my life and ... still are.

I went to the Imperial War Museum at Easter. I have NOT got over seeing the VILE TRIGGER
Lviv pogroms images. With which I was familiar, I had skimmed over in print historically. But they are writ LARGE at the museum. I read on the Armenian Genocide this week. Following links as one does. I'm in tears shaking my head now with THE ... image. I'm disturbed by my ... psychology. My compulsions, my dread ... morbid ... worse ... intrusive fascination. And another non-vile image with its simple, vile caption. And NO I don't go back to the images. I don't need to. I NEVER seek out Twin Towers coverage. I can't STAND to see Hitler's face. ... seeing as you asked [Smile]

My head's spinning over all this. I have the momentum above on putting myself in Brown's shoes and around that. WWI - BRITAIN - CAUSED the Armenian Genocide. What would have stopped it? No war. But war is INEVITABLE. So what would have stopped it? Superior firepower. With superior collateral damage.

Which brings me to IS. To going to a tough neighbourhood to 'help' and standing behind a 'chair' up against a 'knife wielding maniac'. And inevitably causing the vilest trigger image above?

And getting to the realisation that NOTHING has changed since Jesus's day. Since being a follower of Jesus then. Since being Jesus.

The world, life is unspeakable vile. It's still Hobbesian: nasty, brutish and short. Who needs Satan eh?

So what are we to do?

Rhetorical of course AND I'd value ANY response, especially from Eutychus who lives in the real world.

I feel that MORE and more, as I have always felt, compassion FOR good soldiers, even in total war and armed police FORCE and that I have NOTHING to say AGAINST them per se.

How far should I go in backing them? Invoking them? Joining them?

In Christ?
 
Posted by orfeo (# 13878) on :
 
quote:
Originally posted by Barnabas62:
It's an issue with democracies that "crisis management" is much easier to justify politically than prevention of future crisis by means of a present cost.

This is true to such an extent that politicians help manufacture a perception of a 'crisis' so that they can then be seen to solve it.

Including the time-honoured tactic of declaring that an opposing predecessor created a crisis which is now being fixed. Heck, that even comes up in the Simon interview, with adjusting the previous administration's crime rates.

It's appalling, but it works so damn often because neither the general public nor, depressingly, most "journalists" have the time or the smarts to seriously examine the claims being made. Not until after the desired effect has been achieved, anyway.
 
Posted by lilBuddha (# 14333) on :
 
Orginally posted by B62:
quote:
It's an issue with democracies that "crisis management" is much easier to justify politically than prevention of future crisis by means of a present cost. Mind you, in US terms, police credibility strikes me as an immediate crisis requiring action now. But that's where the chronic polarisation of US political life comes in.

The US police situation requires immediate and long term action. The immediate is dubious. Individuals will be punished, a few policies will be "changed", but real, systemic change? I'm dubious.
Addressing the imbalance which feeds the current situation? It is more than depressing to think about.
If Clinton wins the presidency, it will be bad. If a Republican wins, it will be worse.
A major reason the riots have happened is the electorate has neither the knowledge or the patience for long term solutions.
And the politicians that do either manipulate or disregard to their advantage. Much as your quote says.

orfeo,
What journalists? it is massively telling that a recent poll showed that Americans trust humorists Jon Stewert and Stephen Colbert more than any of their "real" journalists.
 
Posted by jbohn (# 8753) on :
 
quote:
Originally posted by lilBuddha:
it is massively telling that a recent poll showed that Americans trust humorists Jon Stewert and Stephen Colbert more than any of their "real" journalists.

Simples - Stewart and Colbert don't make any pretense of telling us the "truth" - we know they're making it up for a laugh. The "real" journalists are making it up much of the time as well (or virtually ALL of the time, if one is a Faux News viewer), but they try to sell it as reality...
 
Posted by irish_lord99 (# 16250) on :
 
Either making it up or they just don't have the will and work ethic to suss the situation out properly.

I've known a few people who were involved in state-wide or even national incidents where the media simply came in, did a piss poor job of ascertaining the situation, and reported as 'fact' a incorrect telling of the story.

In fact, I can't remember anytime where I knew what actually happened in a situation, when the media got it right.

Now the other problem is that so many media outlets don't do much independent investigative reporting any more, instead they re-report what other news sources are reporting.
 
Posted by Moo (# 107) on :
 
I had a front-row seat for watching the press coverage of the Virginia Tech shootings.

Many reporters arrived with their stories already written; then they tried to get people to make statements that illustrated these stories. The two most common stories were that everyone was clamoring for gun control, and that everyone was clamoring for the resignation of Charles Steger, the university president. In fact, even the most ardent supporters of gun control were too numb to talk about it at that time. I never heard anyone local say they wanted Steger to resign; he was a pillar of strength in a very bad time.

In addition to the pre-written stories, the reporters made themselves detested by treating everyone as if they were the cast of a production that the reporters were directing.

It's been eight years and I'm still angry.

Moo
 
Posted by Jane R (# 331) on :
 
That's more or less what happened when the national press descended on the sleepy Cumbrian town of Whitehaven in the aftermath of Derek Bird's shooting spree. Ghouls. Most of the locals (including my family) avoided them like the plague.

I thought of this thread when I saw this bizarre tale of police brutality on Tyneside. I had to check the date to be sure it wasn't posted on April Fool's Day... you couldn't make it up.
 
Posted by Doc Tor (# 9748) on :
 
quote:
Originally posted by Jane R:
I thought of this thread when I saw this bizarre tale of police brutality on Tyneside. I had to check the date to be sure it wasn't posted on April Fool's Day... you couldn't make it up.

We have form for that...
 
Posted by saysay (# 6645) on :
 
quote:
Originally posted by Doc Tor:
quote:
Originally posted by Jane R:
I thought of this thread when I saw this bizarre tale of police brutality on Tyneside. I had to check the date to be sure it wasn't posted on April Fool's Day... you couldn't make it up.

We have form for that...
Wait a minute, you guys have police who have to face a gross misconduct hearing if they beat an animal to death?

No fair.

Most of our police don't face any kind of hearing or discipline when they beat a human to death.
 
Posted by Doc Tor (# 9748) on :
 
Of course, what was more ironic was this was the Armed Response Unit, and they didn't want to shoot the injured animal because of all the paperwork they'd have to fill in to account for the discharge of a firearm.

Seriously. You couldn't make it up.
 
Posted by romanlion (# 10325) on :
 
quote:
Originally posted by saysay:
quote:
Originally posted by Doc Tor:
quote:
Originally posted by Jane R:
I thought of this thread when I saw this bizarre tale of police brutality on Tyneside. I had to check the date to be sure it wasn't posted on April Fool's Day... you couldn't make it up.

We have form for that...
Wait a minute, you guys have police who have to face a gross misconduct hearing if they beat an animal to death?

No fair.

Most of our police don't face any kind of hearing or discipline when they beat a human to death.

Ahh but Mosby's got that situation all sorted out now.

How is Baltimore these days, now that the racist police department has been put in its place?

As pleasant as when I lived there I hope...
 
Posted by saysay (# 6645) on :
 
quote:
Originally posted by romanlion:
Ahh but Mosby's got that situation all sorted out now.

What is this, some Magic Negro shit? Seriously???


quote:
How is Baltimore these days, now that the racist police department has been put in its place?
WTF? How can anyone interpret anything that has happened as the "racist police department" being "put in its place"?

You make no sense.
 
Posted by orfeo (# 13878) on :
 
I don't think I had previously heard about this case. I find it seriously worrying, though, that police can't tell the difference between a gun and a car backfire when they're right there, on the spot, all looking at the vehicle.

Not murder if that's what happened, but a high level of stupidity involved from a considerable number of police.
 
Posted by Doublethink. (# 1984) on :
 
There doesn't seem to be a point in these cases where stupidity is assessed as criminal negligence.

It reminds me of the Pistorius case, in which the fact that someone ostensibly somehow in the heat of the moment could not appreciate that firing repeatedly into a confined space containg a person might result in killing the person, was taken as reason enough to negate mens rea for murder.

Nor does it seem a reasonable reaction to have stopped a vehicle you think contains shooters, to stand on the bonnet of the car and shoot into it.
 
Posted by orfeo (# 13878) on :
 
Yes, it reminded me of Pistorius as well. I nearly mentioned him in my post.
 


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