How Should American Policing Change?

“Actually, we’re just getting started.”

This week it’s been easy to assemble video collections of misbehaving police. The current crisis began with a Minneapolis policeman killing George Floyd — not instantaneously, by shooting him in a moment of confusion or fear, but slowly, by kneeling on his neck as his life ebbed away. In the two weeks since, we’ve seen phalanxes of militarized police attack angry but non-violent crowds of protesters on multiple occasions. Friday, the NYT’s Jamelle Bouie put together a list:

Rioting police have driven vehicles into crowds, reproducing the assault that killed Heather Heyer in Charlottesville, Va., in 2017. They have surrounded a car, smashed the windows, tazed the occupants and dragged them out onto the ground. Clad in paramilitary gear, they have attacked elderly bystanders, pepper-sprayed cooperative protesters and shot “nonlethal” rounds directly at reporters, causing serious injuries. In Austin, Texas, a 20-year-old man is in critical condition after being shot in the head with a “less-lethal” round. Across the country, rioting police are using tear gas in quantities that threaten the health and safety of demonstrators, especially in the midst of a respiratory disease pandemic.

That list is sadly incomplete. For example, Bouie’s “elderly bystander” is not the one you’re thinking of. These bystanders are in Salt Lake City, not Buffalo. The video Bouie linked to also shows an old man being pushed to the ground, but he falls on his chest rather than striking the back of his head.

It is tempting to keeping throwing more and more videos at the dead-enders who refuse to see the widespread problem in American policing. But those who are not convinced by now will probably never be convinced, and in the meantime we have let them freeze the conversation. Something similar happens with climate change: A handful of stubborn denialists can freeze a conversation at the is-it-real stage, and prevent reality-based people from discussing what to do about it.

It’s time to ignore the dead-enders and move forward without them.

More than a few bad apples. It also time to start ignoring people who make the few-bad-apples argument, as White House National Security Adviser Robert O’Brien did recently. If there were no systemic problem, that handful of bad cops would be easy to identify and remove from the force. (Don’t tell me the other cops don’t know who they are.) But the problem is not just the occasional officer who violently abuses his power; it’s all the other cops who cover for him and resist any attempt to hold him accountable.

The initial police statement on George Floyd mentioned nothing about Derek Chauvin kneeling on Floyd’s neck, but was titled “Man Dies After Medical Incident During Police Interaction.” When Buffalo police shoved a 75-year-old protester — a white man, in this case — who hit his head on the pavement and soon had blood pooling around his ear, their initial statement said:

A 5th person was arrested during a skirmish with other protestors and also charged with disorderly conduct. During that skirmish involving protestors, one person was injured when he tripped & fell.

In both cases, that false account probably would have stood if not for bystander video, leaving us to wonder how many police assaults and murders are routinely covered up — not just by the “bad apples” who commit those crimes, but by the criminally complicit police around them.

The Buffalo situation demonstrates an even deeper rot. When bystander video showed that the police report was a lie, Buffalo’s police commissioner suspended without pay, pending investigation, the two officers who pushed the man down. (The officers who knowingly allowed a false report to be issued have not been punished.) But even this small move towards accountability was too much: All 57 fellow active members of the Buffalo Police emergency unit resigned from the squad (but not from the police).

“Fifty-seven resigned in disgust because of the treatment of two of their members, who were simply executing orders,” Buffalo Police Benevolent Association president John Evans told WGRZ on Friday.

Their orders were to clear the square of protesters, not to assault old men. (The two officers were charged with assault Saturday. Over 100 police and firefighters showed up at the courthouse to support them.) But not a single member of the emergency unit looked at that video and said, “Hey, we shouldn’t be doing things like that.” They have chosen their side. There aren’t two bad apples on that squad; there are 57 bad apples. There’s probably no bureaucratic mechanism that can bring about this outcome, but none of them should ever be police anywhere again. (According to the local ABC TV channel, though, two of the 57 claim the union manipulated this outcome by saying they could no longer defend members of the emergency unit under these conditions.)

What can be done? We need to be thinking on multiple time scales. Some significant changes need to be announced immediately, while the crowds are still in the streets. But problems this deep and old resist quick fixes. So the country needs a long-term plan, but that plan has to visibly begin right now.

In Minnesota. In the specific case of George Floyd’s murder, most of what the protesters want has already been achieved: All four officers involved have been arrested and charged. Derek Chauvin is charged with second-degree murder, and the other three face aiding-and-abetting charges. Unless we want to see the officers handed over for mob justice, that’s all that can be done right now. The legal process will play out over months, and ultimately a jury will have to decide what happens to them.

More broadly, the Minnesota Commissioner for Human Rights filed suit against the City of Minneapolis and its police department on Tuesday, claiming that

the City of Minneapolis Police Department has engaged in a pattern and practice of race-based policing in violation of the [Minnesota Human Rights Act]

Friday, the Commissioner and the City agreed to a plan that they have asked the Court to impose as an injunction. The plan has six provisions:

  • Ban chokeholds and neck restraints of any kind.
  • Police officers who witness another officer’s unauthorized use of force have an immediate duty to report the incident to their commanders.
  • Police officers who witness another officer’s unauthorized use of force have a duty to intervene “by verbal and physical means“, or face the same punishment as the offending officer.
  • Crowd control weapons (chemical agents and rubber bullets are specifically mentioned) can only be used after authorization by the Chief of Police.
  • Pending disciplinary actions must be decided within 45 days. Future actions have to be decided within 30 days.
  • The City’s Office of Police Conduct Review can audit body-camera footage “proactively and strategically”. (Human Rights Commissioner Rebecca Lucerno explains: “Right now, body cam footage exists. However, it’s only reviewed when there’s a complaint.”)

New York Governor Andrew Cuomo announced his own proposal, which requires action from the legislature:

  • Make police disciplinary records transparent
  • Ban chokeholds
  • Make false race-based 911 reports a hate crime
  • Attorney General must act as independent prosecutor for any police murder case

Several other states and cities have announced plans to ban either chokeholds or tear gas or both.

8 Can’t Wait. Campaign Zero is an organization devoted to ending police violence. It put out the “8 Can’t Wait” agenda, of steps any city could take right away. (The “Data proves …” claim in the graphic below is theirs, not mine. I have not tried to evaluate it.)

Matt Yglesias explains the 8 in more detail, and looks at some of the supporting statistics. Some are easy to understand: banning chokeholds and the duty to intervene are already part of the Minneapolis agreement discussed above. The ban on shooting at moving vehicles and requirement to warn before shooting are self-explanatory.

A comprehensive reporting requirement means that officers need to report each time they use force or threaten to use force against a civilian. … The use of force continuum is a specific set of requirements governing what kinds of weapons can be used versus what levels of resistance. And a deescalation requirement mandates that officers try to secure their personal safety through distance and communication before resorting to force.

Medium-term proposals. A number of ideas are included in the Justice in Policing Act of 2020, which Democrats in the House and Senate are introducing this morning. It’s hard to imagine Mitch McConnell allowing any of these reforms to be passed in time to bring this season of protest to a successful conclusion, but the problem isn’t going away until we have reforms more significant than anything that can happen quickly.

  • a national database of deaths in police custody. It’s hard to believe this doesn’t already exist, but apparently not.
  • a national police misconduct registry. So that bad cops fired in one city can’t just get a new job somewhere else.
  • ending or altering “qualified immunity”. Qualified immunity shelters government officials from civil lawsuits for violating someone’s rights, “unless the victims of those violations can show that the rights were ‘clearly established’.” In practice, this has made such suits almost impossible for plaintiffs to win.
  • changing the standard for police use of force. “victims of excessive force or other violations need only show that officers ‘recklessly’ deprived them of their rights. The current statute requires victims to show that officers’ actions were ‘willful’.”
  • formalize the Justice Department’s oversight of police departments with a history of bad practices. During the Obama administration, Justice took oversight of local police seriously, but when Jeff Sessions became attorney general, he abandoned those efforts.

A change more likely to be made on the state level than the federal level: setting up a special prosecutor or special process for investigating killings by local police. In Minnesota, for example, the state attorney general has taken over the prosecution of the George Floyd officers. Some states already have state guidelines for investigating officer-involved deaths that make sure police departments aren’t investigating themselves. All states should.

And finally, cities need to change their relationships with police unions. In general, unions are good, and collective bargaining for better wages and benefits is fine. But too often police unions intent on protecting their members torpedo any move towards public accountability.

Long term: police culture. Welcome as reforms like those mentioned above would be, many doubt they would solve the problem.

Two aspects of the problem are more complicated than just changing a few rules and hiring better people:

  • The institutional culture of police departments needs to change.
  • The tasks that belong to police departments need to be rethought.

Both of these are too big for a few paragraphs at the end of a long article, but here are some thoughts to get you started.

Friday night, Chris Hayes interviewed Patrick Skinner, a former CIA counterterrorism officer who came home to be a beat cop in Savannah. One of the themes of their conversation was the dysfunction of the “warrior” mentality of police. Skinner said that police would do better to think of themselves as neighbors rather than warriors. In a recent Washington Post op-ed he wrote:

As I got better at being a rookie cop, I kept asking myself this question: “If I didn’t have a badge and a gun, how would I handle this call?” Whatever I came up with that was legal, transparent and kind, I would try.

Hayes reviewed the video of the 75-year-old man being pushed down in Buffalo, and observed that probably none of the officers present would act that way in everyday life: They would not push an old man out of their way, and if they saw an old man bleeding on the pavement, they would stop to help. Somehow, their police training overrode those human reactions.

Long term: defunding. Philip and Thenjiwe McHarris note all the reform efforts by the Minneapolis police — none of which saved George Floyd’s life. They think it’s foolish to expect similar small-scale reforms to end the killing of black people in general.

The focus on training, diversity and technology like body cameras shifts focus away from the root cause of police violence and instead gives the police more power and resources. The problem is that the entire criminal justice system gives police officers the power and opportunity to systematically harass and kill with impunity.

The solution to ending police violence and cultivating a safer country lies in reducing the power of the police and their contact with the public. We can do that by reinvesting the $100 billion spent on policing nationwide in alternative emergency response programs, as protesters in Minneapolis have called for.

In most American communities today, police get called to deal with all manner of disorder, from the homeless man sleeping on your stoop to the loud teen-age party next door to domestic violence to drug overdoses to episodes of mental illness.

But what defines the police is their ability to use force, all the way up to deadly force. Their very presence is a threat of force, and opens the possibility that someone could end up dead. I sincerely doubt that the clerk who called the police on George Floyd intended for them to come and kill him. The store owner now says: “If I was [there] I don’t think the authorities would have been called and we would have policed our own matters.”

Often situations would be better addressed by a civic official with different capabilities, different options, and different training. Or perhaps the disorder would not exist at all if some kind of preventive service had been provided during the previous weeks. But cities don’t have the resources for such alternatives precisely because they’re spending so much money on police.

Moves to cut both the responsibilities and the budgets of police, and to use that money to provide services in alternative ways, are often promoted with slogans like “Abolish the police”. This is poor messaging, in my opinion, and opens itself up to easy caricature from police advocates. (Are cities going to stop enforcing their laws? Should citizens buy more guns and take the law into their own hands?) But what abolish-the-police advocates really want is something far more reasonable: Reduce to the absolute minimum the number of occasions when Americans come into contact with people who could kill them and get away with it.

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Comments

  • davidhardwick01  On June 8, 2020 at 10:15 am

    Take a look at how policing is done in the United Kingdom. Note particularly points one and nine:

    https://www.gov.uk/government/publications/policing-by-consent/definition-of-policing-by-consent

  • Roger  On June 8, 2020 at 10:17 am

    GREAT story. But it was a clerk, not the store owner, who called the cops on George Floyd. https://www.insideedition.com/george-floyd-was-a-regular-at-store-that-called-911-and-may-not-have-known-bill-was-possibly-fake

    • weeklysift  On June 8, 2020 at 10:39 am

      Thanks. I wondered about that. I think the quote from the link you provided really helps the story.

  • Bert Bowe  On June 8, 2020 at 11:41 am

    6/8/20

    I agree with protesters that long-term significant changes in policing and the many other ways African Americans are discriminated against are sorely needed. What’s missing in some discussions though is a requirement without which all is lost: voting. In 2016, 44.0% of Americans did not vote, including 53.9% of those age 18-29 (Census Bureau). We simply vote for the candidate who best embraces our values; for example, I strongly suggest supporting the person with a history of trying to make voting easier vs. suppressing it. You can also join your local Democratic Party as a volunteer.

    Here are excuses that don’t fly:

    – “All politicians are the same.” No, they are not – that is a sign of a lazy person who does not want to do a little investigating. There is always one candidate who better reflects what you want. News flash: you will not agree with any candidate 100%, unless you’re the one running;

    – “I need to get energized/turned on/enthused/etc. about a candidate, or I’m mad my choice didn’t win the primary, and therefore won’t vote.” See above and grow up – that’s how Trump was elected!;

    – “My one vote won’t count that much.” Of course it can – control of the Virginia House in 2017 would have gone either to the Democrats or Republicans by ONE vote since the legislators were tied. They had to do a coin flip;

    Here’s what everyone needs to do to exercise their right to vote, especially in light of expected major Republican voter suppression coming this year:

    – Call or look up online your Board of Elections and make sure your name and address are accurate, if you don’t know that already;

    – Know where to physically vote early and on November 3rd and if an ID is required. Send for an absentee ballot now in case you can’t or don’t want to vote in person due to Covid-19. By requesting a ballot now, your BOE can plan to have enough printed and ready to go. Your county BOE will also be able to answer any questions you may have – they are very helpful;

    VOTE and encourage your friends, neighbors, and family to do the same – for George Floyd and all others discriminated against by police or through current policies and legislation – or lack thereof.

  • Charles McCormack  On June 8, 2020 at 12:28 pm

    It is certainly more than a “few rotten apples”. In.the small town where we live a fellow church member met with the police chief to ask his opinion on police brutality. He said his biggest problem is the way officers are trained at the police academy. He noted that he has to re-train new officers NOT to use excessive force because they’re actually trained to USE excessive force at the academy.

  • Ed Blanchard  On June 8, 2020 at 12:41 pm

    Thank you, Doug, for your continued and thoughtful reviews. I learn a lot from them and use them to help me temper my discussions with others who are somtimes not so inclined. There is ALWAYS a middle ground- even on the battlefield (read the many stories of a Christmas or medical truce).

  • steve alcott  On June 8, 2020 at 1:00 pm

    Another thing that needs to happen is for court ordered financial settlements to be paid from police pension funds rather than by taxpayers. A few million dollar hits would serve to encourage good cops to speak up about the bad ones.

  • ccyager  On June 8, 2020 at 6:27 pm

    “One of the themes of their conversation was the dysfunction of the “warrior” mentality of police. Skinner said that police would do better to think of themselves as neighbors rather than warriors.”

    This is especially true in Minneapolis where Bob Kroll and the police union promote the warrior mentality. When the training budget cut out the “warrior” program training, Kroll contracted for an outside source for the training and the union paid for it, as I understand it. I wish I could find the copy of the letter/email Kroll wrote to the police members last week. It was really disgusting.

    I’m especially happy that the Attorney General will be prosecuting the officers involved, and that the state has pushed the city into taking specific steps now to reform the police department. My question still remains: What ever happened to “protect and defend”? They are supposed to do that for their communities, as members of those communities, not turn on the people and attack them.

  • Paul T  On June 9, 2020 at 5:35 pm

    I would encourage anyone who wants to get a good understanding of the roots and current causes of racial injustice to read a book titled “The New Jim Crow: Mass Incarceration in the Age of Colorblindness” by Michelle Alexander. I just finished reading this book and it revolutionized the way I think about racial injustice in America.

    Alexander explains that mass incarceration is the current racial caste system in our country that replaced the Jim Crow laws that were struck down during the Civil Rights movement. Mass incarceration came about through the War on Drugs launched by Reagan in the 1980s and perpetuated by politicians on both sides of the aisle ever since as well as many Supreme Court decisions that have eroded constitutional rights once considered inviolate. The purpose of this caste system (as well as the systems that came before it) is to exploit resentments and hostilities felt by poor, working-class white people toward minorities and thus prevent the economically disadvantaged of all races from fighting together against the wealthy elites who profit from the subjugation and exploitation of the poor.

    I cannot recommend this book highly enough if you want to understand the nature and causes of racial injustice in America as well as what we need to do to as a society to create a more equal nation.

  • Anonymous  On June 14, 2020 at 3:43 pm

    Disarm the police. That’s my slogan.

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