Saturday, June 20, 2020

Box Score


Australia

Japan

Mexico

France

New Zealand

Germany

Canada

Finland

England/Wales

United States

1

2

145

26

1

11

36

1

3

1,536

 

Four people die each day at the hands of police in the United States. Police are smart people. They live among us. Their kids go to school with your kids. They worship where we worship. They don’t get up in the morning hoping to kill someone or be killed by someone. Mostly, in a moment of crisis, they react the way they have been trained to react, trained over and over again until the reaction is embedded in their muscle memory. That training often saves their lives. Yet, 44 were killed in the line duty last year.

 

We are a large country, but that alone doesn’t account for the wide disparity between our police shootings compared to other countries. Our kill rate per million people is 4.7. If Japan killed citizens at the same rate, their police would have killed 504 people, not two. If France killed citizens at the same rate as the US, their police would have killed 268 people last year instead of 26. Blacks are 2.5 times more likely to be shot than Whites, and 17% of them were unarmed. Something is wrong? What accounts for the difference?

 

Paul Hershfield, a professor at Rutgers University studies policing worldwide. He suggests that there are three main reasons why our police kill so many more people than other countries:

1.      The US is an armed camp, with millions of guns. The police must assume that every suspect could be armed, and so they have to be ready to take preemptive measures to safeguard themselves. They are trained that way. Most police in Europe, for example, don’t have to make that assumption. Many don’t even carry guns.

2.      The legal bar for shooting a suspect is much lower in the US. Here, a police officer is trained to shoot if they have a reasonable fear that they are in danger. In most European countries the officer must have an absolute need to shoot, not just a fear of danger.

3.      A typical officer in the US spends about five months in training, learning the basics, and practicing the skills they need to do the job and survive. In most European countries the training is up to two years, with an emphasis on communications, dealing with different cultures, settling disputes, and some marksmanship. It is a significantly different approach to the job.

 

Police Officers join the force to protect and serve. From time to time, they only have a nanosecond to decide about the use of force, including the decision to shoot someone. I would not want to have to make the decisions they have to make or to live with the results. What we know, however, is that only 27 % of police officers have fired their guns during their career, other than on the range. A Pew survey conducted in 2016 indicated that 85% of those who have used their gun believed that the country had done enough to accommodate Blacks in America. The study also found that white males and military veterans are more likely to use their guns on duty, as were those from cities with a population over 400,000. The study also suggested that we should be careful about how we use the results; for example, larger cities may have a higher percentage of criminals than small cities. The real takeaway should be that most police officers can go through a career without firing a shot in the line of duty. And then there are those who didn’t have to shoot at all.

 

The nation needs to come to grips with what constitutes a justified use of deadly force.  There are 17,985 law enforcement departments in the US, with about 800,000 sworn officers. They range from one and two-person units to New York City with about 36,000 officers. Large school districts often have their own police departments, universities have their own police, transit systems have their own police departments, counties have sheriffs, national parks have rangers, and it goes on. Each is a world unto its own.

 

Each department has its own rules, regulations, training, and hiring practices. Each department trains its own standards. There is no national standard for policing, for use of force, and for investigation of shootings, for controlling internal investigations, to require transparency. To make such suggestions raise objections from every direction, reminding us that one size doesn’t fit all, that each municipality has its own needs, that one place is different from others. We know that argument doesn’t hold water; that bucket has a hole in it. Many cities and states are starting to change their operating standards. Some are considering partial defunding of police departments. Congress is even pretending that it is concerned and trying to get new standards into law. So far it is hard to identify a holistic approach to the issue.

 

Where you live makes a difference. In cities like Reno, Oklahoma City, St. Louis, and Anaheim Blacks are most likely to be killed by police than other metropolitan areas. Oklahoma, New Mexico and DC have the highest number of police shootings per million people, but many only lag by a percentage point or so. The data is clear. If we cleaned up the policing practices of a few large cities and a few states, we would have at least started working on the issue.

 

The smartphone is changing our knowledge of police tactics, some of which have existed for decades. Without live filming by stand-by-witnesses, we wouldn’t know about George Floyd. We would not know about all the other unnecessary shootings that we witness on TV news, over and over. The videos of people being shot by the police are cringe-worthy.

 

This morning I watched raw footage of a man, who had been sleeping in his car, who failed a sobriety test, and then ran away from the police. He was shot in the back. Another day I saw a man shot by the police because he had jaywalked and resisted arrest. We have seen a man shot in the back as he ran from police who stopped him because the brake light on his car malfunctioned. The tales go on; four people a day. We have seen videos of a police officer shooting a man in the back at a BART station, even though he was on the ground, on his stomach, and handcuffed behind his back. Enough already!

 

There is no national standard or set of qualifications for being a police officer. Many states, counties, and states have minimum requirements that range from a high school diploma to a bachelor's degree in criminal justice. There is no national system for reporting the few bad apples in the system when they are found to have violated procedures and policies. Many are fired for cause, but just get hired by another department. We need a nationwide system that sets hiring qualifications and monitors compliance. We need a nationwide system for tracking the very few who violate the public trust.

 

When a police officer discharges a weapon, most departments will conduct an investigation to determine if the shooting was justified. They very seldom, until the last few weeks, found that the officer violated procedures or was guilty of any crime, because of a law called implied immunity. When an airplane crashes, for any reason, the National Transportation Safety Board sends in an investigation team. We need a National Police Incident Board to investigate police use of force. The investigation teams should never be from the same department that is being investigated. That will be a hard pill for many departments to swallow. In Sacramento County, the Sheriff refused to let an investigator enter department headquarters.

 

There is a national movement to defund the police departments and direct the money to programs that deescalate violence and riots, improve housing and schools, and other programs to reduce crime and racism. On the surface, that makes a lot of sense, but with the current level of crime across the country, why cut police budgets? We need the police to keep order, on a daily basis. There are many things that police departments can do to use their funds more efficiently and effectively. Europe trains its officers to be a lot better at communications, understanding different cultural issues, handling domestic squabbles than in the US. We need to change the way we train officers and demilitarize the policing process.

 

So, what should we expect from those who are sworn to protect and serve, and what should they expect from us? Those questions are why people are in the streets protesting. To start the discussions, we might consider the following:

 

  • ·         Police officers should be better trained to not use their guns except as a last resort.
  • ·         Every police officer should be able to use a gun to protect themselves from someone who threatens them with deadly harm, obviously.
  • ·         Police officers should not use a gun if they are not being seriously threatened, unless the suspect is known to have killed someone and is actually carrying a gun
  • ·         Police should use stun-guns or batons if they are threatened by a person who isn’t threatening to use a gun
  • ·         Police should be better  trained to “talk down” threatening situations, as many other countries require
  • ·         Traffic violations, property damage, bank robbery, car theft, bad tail lights, and a list of several hundred other violations are not worthy of the suspect being shot even if they are fleeing arrest.  

 

None of those suggestions deal with the other issues that cause so many shootings, the systemic racism that permeates our history as a nation and that exists today. Racism is built into our culture, and as far as I can tell is built into the general police culture. It is important to keep in mind that although most of us would deny being a racist, racism is systemic in the country. We see it in the red-lining that still exist in the real estate and banking industries, we see it in the dilapidated school buildings in poor neighborhoods, we see it in less well-trained teachers and outdated textbooks in schools of poor areas. We see in the lack of good grocery stores in poor areas. We see it in the lack of well-kept parks and playgrounds in poor neighborhoods. We see it in the lack of job opportunities for minorities.We see it everywhere, but in many cases, it doesn’t register with us that there might be a problem, because we don’t live in or experience the racism first hand.

I had never seen anyone actually die until I watched the death, on camera, of George Floyd. His death is resulting in calls for rapid change that was inconceivable only a couple of months ago.  My fear is that too many politicians feel there is only a short time to get change started and that they need to do as much as possible in the shortest time possible. Knee jerk reactions aren’t often the best solutions. What can we do?

 

We can do the obvious quick fixes: stop the use of knees-to-the-throat techniques, stop shootings as a first resort, eliminate implied immunity protection for rogue police officers, assign different officers to the training cadre, get police into the neighborhoods, demilitarize the police forces and eliminate the use of war machines. None of those quick steps will result in an increase in violence in our towns.

 

The long-term changes need to be thought through thoroughly. Police officers aren’t racists by nature; they have to be carefully taught to survive in a systemic racists organization. The police, like the rest of us, need to understand the difference between personal racism and systemic racism. One is personal, the other cultural. So, we must change the culture, and that takes time, it takes new laws, and it takes affirmative action.

 

One place to start is the schools. We are all familiar with the Pygmalion effect, where our expectations for kids lead them to behave in a way that meets our expectations. Do our schools ensure that the young scholars have a good breakfast and lunch, that their eyes are checked regularly to ensure that they can see well, that they have regular dental checks, that they have books at home, that their parents know how to read to them, take them to the library? Do the schools make sure that each child has a connection to the internet and the means to access it? We know these things can be done because many schools already do them. When schools closed early this spring, there was suddenly money to buy thousands of Chrome Books for the kids along with hotspots so that they could attend school online. Failure to do these things is, in many ways the cause of systemic racism. Do all the schools have quality teachers, books, and facilities? Treating everyone equally isn’t good enough; we must ensure that everyone is on a level playing field.

 

Cities can negotiate better contracts with the police unions. Rather than simply grand-father in everything negotiated at the last negotiations, maybe it’s time to start from scratch. Cities can make sure that the police department knows that it reports to the civilian leaders of the community and that they are not a government unto themselves. Cities can ensure that “bad” police officers are dismissed from the force quickly. The other 99.99% of the police department will take more pride in their work knowing they are not being dragged down by the few.

 

This is a seminal time for our country. We have the opportunity to change for the better. Changing the culture and outcomes of our public safety institutions is one of many first steps that we can take. The will to do the right thing seems to be prevalent. If law and order is our goal, we need to satisfy ourselves that those who serve and protect our safety are using the best practices that we know about.