Looking Beyond Racist Police Officers

This week I made my debut at In Justice Today, a blog founded by the Fair Punishment Project at Harvard Law School. My first post warns reformers not to focus solely on individual racist officers because color-blind policies can also have terrible impacts on communities of color:

While it is entirely fair to say that more crime justifies a greater police presence in a segment of a city, that crime does not — or, rather, should not obviate the constitutional rights of the people who live in that area. If statistics showed there were more child pornography producers and distributors in white neighborhoods, the police would not be justified going door to door to intimidate presumptively innocent residents to get consent to search their computers to combat child pornography. Residents would be outraged to be treated as criminal suspects and intimidated to surrender their rights. Yet the GRU eviscerates Fourth Amendment protections for young black men walking down the street as policy, irrespective of any racial prejudice by the officers.

If a policy is damaging a community, the good intent in the officers’ heart is functionally irrelevant.

You can read the whole post here.

What Officer Punishment Says About Police Priorities

The National Police Misconduct Reporting Project keeps tabs on a wide range of misconduct. Whether the misbehavior is excessive force on duty or a DWI off duty, we catalog the event and track the officer’s case goes through the administrative, civil, or criminal justice systems. Part of the reason we do this is to show whether police departments and other responsible government agencies are holding their officers accountable.

Depending on local laws and union contracts, police leadership can be limited in how much punishment they can dole out for a given offense. However, when a crime appears to have been committed and the police simply administer minor officer discipline, it sends a message that officers can act above the law. This message is amplified when officers who exposed that potentially criminal behavior are punished more severely than the offending officer.

This seems to be the case in Fort Worth, Texas. Two senior officers, Assistant Chief Abdul Pridgen and Deputy Chief Vance Keyes, have been demoted for allegedly leaking camera footage of their fellow officer, William Martin, violently attacking a woman who had called police for help after her son was assaulted. The video went viral, and Martin was suspended for ten days.

The attorney for the woman who was attacked and arrested, Jacqueline Craig, had this to say:

“[Officer] Martin amassed a series of felonies on that day from assault, to aggravated assault, to perjury, official corruption, false arrest [and] to each of these he received no criminal investigation, no criminal prosecution. He received a 10-day vacation and he was returned to the force with a scheduled promotion,” [Lee] Merritt said. “It’s a sad day for the city of Fort Worth. The level of blatant racism and unapologetic hypocrisy should no longer be tolerated and so we take this stand together today.”

Such retribution against senior officers who appear to have acted as whistleblowers will almost certainly have a chilling effect on reporting misconduct within the department. Moreover, it tells the people of Fort Worth–especially those in minority communities–that police violence against them is a less serious offense than exposing misconduct by fellow officers.

At least one of the officers reported that he plans to sue over this discipline. We’ll keep an eye on this story as it continues.

You can read the full report of the incident here.

The (Masked) Faces of Police Militarization

The Lake County (FL) Sheriff’s Office has been receiving a lot of media attention this week regarding a public service announcement made by Sheriff Peyton Grinnell.

In the short video, Sheriff Grinnell, flanked by four masked men (presumably his deputies), glares into the camera and issues a stern warning that SWAT teams are coming for local drug dealers, and that police are going to “blow the doors off the hinges” when they arrive.

A message from the Lake County Sheriff's Office Community Engagement Unit.

Posted by Lake County Sheriff's Office on Friday, April 7, 2017

We’ve written a lot about the history of and dangers inherent in overly militarized policing.  Viewers can make up their own minds about whether the video above is what they want American policing to look and sound like.

Worst of the Month–March 2017

For the worst of March, we look to the Los Angeles County Sheriffs Department scandal that has finally come to a close. Now-former Sheriff Lee Baca was found guilty of obstruction of justice for trying to hide various civil rights violations that were happening at the jail and within his department. Ten other officers, including Undersheriff Paul Tanaka, were convicted and sentenced to prison terms for beatings of inmates, general jail conditions, and hiding information from the federal government.

Before this scandal came to light several years ago, other LASD deputies were tried and convicted for sexually abusing inmates and other civil rights violations.

While some officers we cover are certainly bad apples, some departments create and maintain cultures of impunity for abusive officers. This allows misbehavior to become commonplace and even an integral part of how a department manages itself. This is a sad chapter in LASD’s history and hopefully the department can move on and regain the trust of the community it serves.