Excessive Use of Force

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Excessive Use of Force Page 29

by Loretta P. Prater


  Ferguson, Missouri, is not a large community, but its police department was among those investigated. Because racial minorities tend to experience these abuses more than others, we cannot ignore Dr. Cornell West’s admonition that race matters.17 Of course, there are always people who believe that such a tragedy could never happen to them. Consider this anonymous statement a warning: “If it can happen to somebody, it can happen to anybody, and if it can happen to anybody, nobody is safe.” I interpret this to mean that it could happen to you.

  Some people feel protected within the comfort of complacency and believe that they could never become a victim of police brutality. They choose to remain silent. I confess that I was one of those persons, so I am not condemning anyone for their behavior. I didn’t have the courage to speak out either, but I was blasted out of my comfort zone when Leslie was killed. Maybe I was like the Lion in the Wizard of Oz, because I received courage immediately.

  These murders are just too horrible to think that any of us could be victims, or that it could happen to anyone we know. As often as these deaths are occurring, none of us can afford to ignore the reality that, yes, it could happen to you or someone you know, or, even worse, someone you love. Think about the warning of Pastor Martin Niemöller, a Protestant pastor and social activist. He spent seven years in a Nazi concentration camp. In a speech on January 6, 1946, he said,

  First they came for the Socialists, and I did not speak out because I was not a Socialist. Then they came for the Trade Unionists, and I did not speak out because I was not a Trade Unionist. Then they came for the Jews, and I did not speak out because I was not a Jew. Then they came for me and there was no one left to speak for me.18

  Some police officers and their supporters identify anyone who questions police misconduct as a police hater. This is untrue. For our family and others in our situation, we don’t even hate the officers who killed our loved ones. I admit that I am still confused by their actions and am struggling with forgiveness. As I have stated before, I certainly don’t believe that all officers are bad people. I do believe that a conciliatory approach is an effective method for resolving police-community conflicts. Good officers are those honest professionals who are sincere about protecting all people. They conduct themselves with the highest degree of integrity. Unfortunately, their good works are overshadowed by the abusive actions of a few others. We should not ignore the fact that these “others” do exist. Denial is not the answer. Continuing with that approach will cause our communities to crumble from within. Because our nation is composed of multiple communities, the collective impact is that our nation could crumble.

  We’ve heard the expression, “A few bad apples will spoil the whole barrel.” Why not get rid of them? What happens to the “bad apples” guilty of police misconduct? Some of them become “gypsy cops” and move from one department to another because of misconduct or poor performance.19 Others remain in place and possibly move up through the ranks. As a society, we protect them, promote them, and eventually glorify them at their retirement reception.

  There are two facts we must embrace. We need police officers, and communities need to feel safe. In America, we have persons with great minds who have succeeded in overcoming all kinds of challenges. We must get this problem solved. We have figured out how to get men on the moon, but can’t determine how to live peaceably in our local communities. In seeking solutions, the first step is to admit that there is a problem.

  The rejection of denial is the first step toward some semblance of healing and progress toward solutions, requiring years of sincere involvement on both sides. There is an “elephant in the room” that many refuse to even see. That elephant is racism. Yes, I just played the race card. As I said earlier, the race card is already in the deck and has been for hundreds of years, permeating every component of our society. Why would anyone think that policing would be immune? Employment, education, housing, entertainment, health disparities, personal income, and any other social entity you can envision have issues with racism. Denying that race is a factor can only make matters worse.

  Effective leadership is crucial for police departments. I question the effectiveness of chiefs of police who resort to excuses and refuse to acknowledge problems of police misconduct. Consider a statement by a former Chattanooga chief of police. His statement was in response to the firing of two officers and suspension of another after disciplinary hearings found the men used excessive force in two instances. There were no deaths involved. In explaining the officers’ misconduct, he attributed their actions as akin to having an adrenaline rush following a police pursuit. He said, “When emotions run high, poor decisions can be made. With repetitive training, we are trying to train them through this time, through those natural human tendencies.”20 I suppose those feelings are why he decided that Leslie’s death was an accident and subsequently refused to hold those officers accountable. Killing because of a possible adrenaline rush is not justifiable.

  The climate within a police department is influenced by the leader. Other factors are involved as well, such as the attitudes of individual officers, the legacy of the department, police union intervention, and the actions of the surrounding community. However, the leadership of the chief is key, and words do matter. On January 13, 2012, the Chattanoogan.com posted a quote from the Hamilton County sheriff. His statement was in reference to the problem with gangs. He said, “We need to run them out of town, put them in jail, or send them to the funeral home.” In my opinion, his remarks were a green light for officers to “shoot to kill” any persons perceived as gang members and ask questions later. The public should recall that unfair profiling does occur. Recall the earlier description of black males in chapter 3 as the “symbolic assailant.” Thus, innocent black men could be labeled as gang members. Fortunately, there are police administrators expressing statements that are helpful. An Ohio police chief went on Twitter to post a message in response to the killing of unarmed Terence Crutcher in Tulsa. On September 21, 2016, this chief wrote, “As an officer, I am so sick and drained of some cops doing things like this. You are making us all look bad. STOP.”21 My response is “Hallelujah, he gets it.”

  As acknowledged previously, the work of a police officer is stressful and the compensation does not compare to the extreme personal risks that many face daily. Policing can be dangerous and challenging in many ways. Clearly, everyone who would like to wear the uniform and badge is not suited for this profession. Officers who cannot fulfill their responsibilities without submitting citizens to unnecessary violence should not be in these positions. If they refuse to protect everyone, regardless of their personal biases, then they should seek employment elsewhere. In making this assertion in a public presentation, I was approached by a local police chief who agreed with me.

  My dream is for police departments to be 100 percent free of brutality, to uphold the Constitution, and to discontinue these acts of “street justice.” A number of departments may be short staffed, but is it more important to fill slots, or have the right persons on staff? I would think that a smaller, effective department would be more desirable than a large ineffective one. I would also agree with the sentiments expressed by Earl Ofari Hutchinson. He stated, “Black cops are no antidote to police violence.” Black officers have been involved in police brutality as well. One of Leslie’s killers was a black officer. Hutchinson further stated, “A black cop killing an unarmed black under highly questionable circumstances is no longer an oddity. The irony is that black leaders have long clamored for more black cops. They believe they would be less likely to brutalize other blacks than racist white cops. This is pure fiction.”22

  Among certified police officers, there are more males than females. Reports are that women officers are substantially less likely than their male counterparts to be involved in problems of excessive force. If this is true, it would appear that one strategy of solving excessive-force situations is to employ more women and fewer males, but
there is no quick fix. People are now questioning that premise after a female officer shot and killed unarmed Terence Crutcher. She was arrested and charged with manslaughter but acquitted by a jury.23 On the other hand, male officers cost two and a half times more than female officers in payments of excessive-force liability lawsuits. Male officers are eight and a half times more likely to have excessive-force complaints sustained against them, and they have more citizen complaints. Men have more upper-body strength, but physical prowess is less related to job performance than communication skills, suggesting that males are not necessarily better officers, by whatever measure. Now the question is, why are women attracted to this profession in fewer numbers than men? Unfortunately, part of the reason is that in policing, women face discrimination, harassment, and intimidation, especially as they move up the ranks.24

  When there is a breakdown between police and community relations, there is no easy remedy. The concept of community policing has been proposed as one strategy, but there is no universal “fix” that would apply to all communities. Actions that may work in one residential area could be disastrous in another. Some feel that community policing is merely putting more officers on the streets in the community to intimidate the residents, similar to military occupation. I have seen empty police vehicles strategically placed in neighborhoods to scare residents, but that doesn’t work. Some misguided administrators identify community policing as merely establishing a satellite station in the middle of a high-crime area.

  Community policing is multifaceted, but one must consider that each community is unique and the long-term strategic plans must be tailored to the needs of that community. From the review of literature and knowledge of some activities that have not worked, I propose some common themes in developing successful community policing strategies. No community policing initiative is going to be successful without mutual trust between residents and police officials. This takes time, especially if there is a long history of mistrust. Elected officials, community leaders, and police personnel must believe in the process, which requires training for all departmental employees. Established partnerships with grassroots organizations are essential, and activities should be focused on problem solving of specific concerns. Another important element in success is to establish a citizen review board that is independent of police control.

  Police can improve public opinion by increasing informal contacts with citizens. This should be institutionalized as part of their ongoing policing activities. Participating in community activities is one helpful suggestion. In Cape Girardeau, the chief of police, Wes Blair, is a board member with the Chamber of Commerce. Many departments already do some of this through their Christmas “Shop with a Cop” program for children. Some departments assist in collections for local food pantries. Another example is a department that sponsors “Coffee with a Cop” informal meetings in different neighborhoods. This structure facilitates informal dialogue between police officials and residents. I have already mentioned the Drug Abuse Resistance Education (DARE) program as an excellent public relations strategy, even if it doesn’t prevent all youth from experimenting with drugs. There are programs in which police officers take children shopping for clothing at the beginning of the school year. Those programs were funded from department fundraising or personal donations from officers. There are numerous examples of humanitarian efforts by police officers, and no one should assume that all officers are bad. In some communities, there have been other positive programs involving officers. Some officers participate in youth sporting programs. There was a joint effort in Chattanooga between police departments and real estate developers to encourage police officers to purchase housing in targeted urban communities with an attractive financial incentive. These are just a few other ideas focused on increasing positive interactions between the police and community. We need more of these innovative ideas as part of twenty-first-century policing. More police chiefs and their officers should follow the recommendation of Terrence Cunningham, the president of the International Association of Chiefs of Police (IACP). In addressing the issue of building trust between police and minorities at the 2016 annual meeting, he said, “The first step is for law enforcement to acknowledge and apologize for the actions of the past and the role that our profession has played in society’s historical mistreatment of communities of color.”25

  In matters of sudden loss of life, research has shown that communities need to be proactive.26 The circumstances are not exclusive to deaths caused by police, but the recommendations can apply. Departments can develop effective ways to intervene in these situations, and should already have policies and procedures in place. I am referring to fair, effective policies based on integrity and honesty. A policy in which police officers are instructed to immediately get together without any supervision or recording, create their collective reality to explain their killing of an unarmed citizen, and report that creative writing exercise on one “use-of-force” report is an outrageous policy. What is more outrageous is when the outcome of their cover-up process is accepted as factual. That is what happened in our case.

  Here is one idea in reference to police interactions with mentally ill citizens: After many tragic endings to police confrontations with the mentally ill in Memphis, the police decided to handle certain calls with more compassion and education. Doctors, social workers, the police department, and two universities collaborated to create the Memphis Model, including a Crisis Intervention Team (CIT).27 The Memphis Crisis Intervention Team (CIT) is an innovative police first responder program that has become nationally known as a pre-arrest jail diversion for those in a mental illness crisis. The program provides law enforcement–based crisis intervention training for helping individuals with mental illness. Research has shown CIT to be effective in developing positive perceptions and increased confidence among police officers, providing very efficient crisis response times, increasing jail diversion among those with mental illness, improving the likelihood of treatment continuity with community-based providers, and decreasing police injury rates.28 I would surmise that death rates from police officers killing unarmed mentally ill citizens have probably decreased as well. This model could also work for unarmed persons who are acting strangely when approached by the police. The model has been approved by the National Alliance on Mental Illness as best practice since 1996. My concern about the program is that it is voluntary instead of mandatory for all police officers to complete the CIT training. There is still other work to be done in Memphis. The Department of Justice (DOJ) was invited by the mayor and police director to initiate a partnership between Memphis and the DOJ’s Community Oriented Policing Services (COPS) program to complete a comprehensive review of the police department.29

  If a city has a single focus of ending gang violence, rather than including gang violence within a comprehensive plan for effective policing, that could be problematic. Concerns about gang members victimizing citizens are legitimate. When groups of police officers assault and kill unarmed citizens who are not harming them or others, what is the distinction between that group of police officers and other people identified as gang members? There are people who fear walking in their own neighborhood because of the actions of gang members. But there are also people afraid of doing the same because of the actions of the police. In another opinion piece posted on Chattanoogan.com on April 18, 2005, a father wrote, “As the parents of biracial young men (part African-American), my family and I decided to leave Chattanooga, because of the police abuses my sons have often encountered. At times, it appeared they needed a pass or something to freely move around, as the slaves must have had to endure during slavery. It wasn’t even safe to walk around in one’s own neighborhood after dark.”30

  Education and training are key components in seeking a decrease in police brutality. I want to be very clear that decreasing police brutality saves lives of both residents and police officers. This is a point that needs repeating. Also, decreasing police brutality i
ncreases the likelihood that residents will partner with police officers in solving crimes. I saw an interesting televised report to illustrate this point. An officer was trying to apprehend a person who had just committed a crime and was running away from the scene. Fortunately, the officer did not choose to execute the man by shooting him in the back, as abusive officers might have done. Two men witnessing the physical altercation were initially busy recording the incident because they thought it was another case of police brutality. It was only after the officer pleaded, “Help me,” that the two men realized that they were mistaken and rushed to the aid of the officer. With the help of those two African American bystanders, the suspect was apprehended, without any injuries to anyone. This shows the depth of mistrust of officers. The question to ponder is “Why was it an automatic assumption that the police officer was being abusive?” Just think about that.

  Different types of training are needed in preparing police officers. Unlike many other professions, these professionals might face life-and-death situations at any moment. At the end of the day, they should return home to their families. Families of those whom police encounter would also like their loved ones to come home. Inadequate training is happening in some departments, both in the absence of topics covered and in the amount of time devoted to certain topics. Also, the training should be updated. Training must be progressive and consider the changing demographics. Social scientists and grassroots residents could assist departments with that training.

  Training needs to go beyond how to shoot a gun, write a ticket, and use handcuffs. Training modules should also include the proper use of “pepper spray” or a Taser, if the department continues to use those potentially lethal devices. Pepper spray is an inflammatory agent derived from cayenne peppers that inflames the mucous membranes causing the eyes to sting. The spray can temporarily paralyze the larynx, causing gagging and choking. Research reported by Amnesty International suggests that pepper spray may be particularly harmful in the case of people who are agitated and under the influence of drugs or to people with respiratory problems caused by asthma or heart disease. Critical thinking and common sense are also crucial assets. Activities designed to screen candidates in those attributes can address some of this, but not all. Either you have these skills or you don’t, because no screening scenarios can anticipate everything that could possibly occur in the field.

 

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