Tag: police

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crime and punishment media and media people

With Our Own Eyes

Police body-​cam video cannot bring back the dead. Nor end racism or prevent tragedy. 

What point-​of-​policing video can capture is solid and critical evidence. After a deadly police encounter, body-​cam footage gives the public confidence that the truth will soon come out. 

But only if police consistently and promptly release relevant video to the public.

Consider last week’s tragedy in Columbus, Ohio, where a policeman shot and killed 16-​year-​old Ma’Khia Bryant as she was preparing to stab another young women. Many politicians and those in the media were ready to herald it as “the latest in a string of deadly videos documenting the final moments of a person of color killed by law enforcement.” 

The cop-​cam video, however, clearly showed a policeman firing his gun to prevent one person of color from stabbing another. Just what we want police of any color to do.

NBC Nightly News still managed to mangle its reporting, editing out the image of the knife. In the aftermath of George Zimmerman’s shooting and killing of Trayvon Martin, you may remember, NBC News broadcast Zimmerman’s 911 call but dishonestly edited part of the conversation to inject a racial element where none had been.*

And, sure, even staring at incontrovertible videotape evidence of good police behavior, some took to defending knife-​fighting as a youthful rite of passage.

But everyone can see the footage for themselves.

In another fatal shooting last week, police attempted to serve an arrest warrant in Elizabeth City, North Carolina. But under state law police are not required, short of a court order, to release police body-​cam video. 

Citizens are going to court.

This is Common Sense. I’m Paul Jacob.

* The local Jacksonville, Florida, NBC affiliate fired three employees over the incident.

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Photo by Lance

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crime and punishment Regulating Protest

Mostly Peaceful Protest?

police, baton, riots

Crimes committed yesterday at the capitol should be prosecuted. 

Let’s make that the rule from now on, not the exception.

I’m not suggesting long prison terms for trespassing, smashing windows, small-​scale vandalism. But we have a right (and almost a duty) to insist that people respect the lives and property of others, no exceptions. 

That’s Civilization 101.

Last summer, I think the cavalier attitude displayed by many public officials (Portland Mayor Ted Wheeler comes to mind) — and media outlets — toward looting and riots, as well as intimidation and violence directed at innocent individuals sent the wrong signal to … bad people on all sides.

Mostly peaceful protest isn’t good enough.

As the dust settles, we will learn more and discuss further. Note that as I put this and myself to bed last night, Congress was back at work but not yet finished certifying the Electoral College results.

Speaking of doing one’s job, in yesterday’s chaos, I witnessed one policemen apply some finesse to protecting the capitol — by de-​escalating the tense situation. The mob he confronted refused to heed his instruction to leave the capitol. As the officer retreated up the stairs, they were on his heels. To delay their advance and stop them from overtaking him, he would turn upon reaching each floor’s threshold and threaten them with his baton. 

But he didn’t hit them. If would have been disastrous for him to do so, because even with a baton he was badly outmanned: mob against one.

Soon, however, he was able to get to reinforcements, who together appeared to block the insurgents.

A few moments of wise restraint. Too rare these days.

Not to mention some fancy footwork. 

This is Common Sense. I’m Paul Jacob.

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crime and punishment ideological culture

The Portland Chaos

Portland, autonomous zone, protest

“As a lifelong Portlander,” Alan Grinnell writes to the editor of The Oregonian, “I am shocked at what our city has become.”

Responding to a Steve Duin column about Portland, the “broken city,” Grinnell asks, rhetorically, “Who would have thought that our downtown would become a wasteland, that there would be homeless camps everywhere in the city, and that gangs of armed thugs on all sides of the political spectrum would run out our police?”

Duin defined the problem as one of “mob rule,” lamenting that “just about everyone I spoke to was terrified they might be the next random target of the mob.”

After months of riots and property destruction following the killing of George Floyd by police in distant Minneapolis, Minnesota, the focus of recent police and community attention turned to a house on Mississippi Street from which so-​called “sovereign citizens” — the Kinney family (who are black and indigenous) — were evicted for not paying their mortgage (since 2017). Now the house is being occupied by “activists,” who have turned the area into a sort of autonomous zone — as was done for weeks this summer, dangerously, in the Capitol Hill area of Seattle.

“[I]f you live or tend shop on North Mississippi, and fear for your own safety around the local ‘security’ forces,” inquired the columnist, “what do you make of the cops’ retreat from the neighborhood?” 

While many appear sympathetic with the Kinneys’ plight, the takeover by the terrorists, er, activists, is another matter entirely. One black man on reddit calls it “one big scam,” suggesting folks “ignore these loons.”

But ignoring willful lawbreakers appears to be the problem, not the solution.

This is Common Sense. I’m Paul Jacob.

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Accountability crime and punishment

Who is Responsible?

Breonna Taylor is dead. She was shot five times by Louisville police, who were returning fire after forcibly entering her apartment.

“[T]he department had received court approval for a ‘no-​knock’ entry,” reports The New York Times, but “the orders were changed before the raid to ‘knock and announce,’ meaning that the police had to identify themselves.” There is disagreement as to whether police did so.

It appears that shortly after midnight on March 13, police knocked down Ms. Taylor’s front door and her boyfriend fired his gun at what he thought was an old boyfriend of Breonna’s.

That old boyfriend, Jamarcus Glover, who has a “2015 drug trafficking conviction” and “several pending drug and weapons cases against him,” Louisville’s WAVE‑3 TV informs, “was named on the March 13 warrant that sent officers to Taylor’s apartment.”

But three lawmen came through the door instead. One was hit in the leg and they opened fire.

Another of them, already terminated by the Louisville Metropolitan Police Department, was charged yesterday with “wanton endangerment” for firing his weapon indiscriminately. But no charges for Breonna Taylor’s death.

While the apparent police misconduct must not be excused, it is too easy to blame police. Breaking down doors — whether after “no-​knock” or a brief wee-​hours rap on the door and yodeled announcement (when the target is likely asleep) — leads to gun battles and lost lives … of innocent citizens as well as police officers.* 

And the drug laws that ultimately brought Louisville’s battering-​ram-​wielding cops to Breonna’s door were not written by those policemen.

They were written by politicians, and it is they who must change the laws and the policies that led to Breonna Taylor’s death.

But they will never do it unless we make them.

This is Common Sense. I’m Paul Jacob.

* I remember Cory Maye in Mississippi, who was on death row for years after killing a policeman in a late-​night no-​knock raid on his home. No drugs found. Wrong house. Thankfully, Cory was finally released. But the policeman is still dead; his wife and kids lost a husband and father.

Note: As we put this commentary to bed, two Louisville policemen have been shot and a suspect arrested. Both officers are receiving treatment at a local hospital.

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crime and punishment judiciary

Nor Excessive Fines Imposed

criminal justice, traffic,

“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

Although less controversial than other constitutional amendments, the much-​neglected Eighth Amendment provides important protection from the government. Yet this amendment has been violated, sometimes grotesquely, and not only in the context of criminal sanctions.

The question before the Ninth Circuit Court of Appeals, decided July 22, was whether local governments must comply with the prohibition against “excessive fines” when issuing parking tickets.

“This right to be free from excessive governmental fines is not a relic,” the court ruled. “The government cannot overstep its authority and impose fines on its citizens without paying heed to the limits posed by the Eighth Amendment.” Providing the basis for the present decision was a 2019 Supreme Court decision affirming that the Excessive Fines Clause does indeed apply to state and local governments.

The driver who is the focus of the class-​action suit did not win his specific case. With respect to whether the fine he contested was in fact “excessive,” the court said no, it was not. But it sent the question of whether the late penalties were excessive to a lower court for further review.

The principle is crucial here, and the court clearly affirmed the rule that local governments may not impose “excessive fines.”

The many drivers in many municipalities who have been victimized by ridiculous use of red-​light cameras to fill government coffers are among those who should take heart.

This is Common Sense. I’m Paul Jacob.

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Original photo by Kecko

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crime and punishment national politics & policies property rights

Dereliction of Duty

police, riot, law, protection,

Must governments act to protect you when you or your property are attacked — for example, by rioters who vandalize and burn your store? 

Is the government liable if it willfully lets it happen?

Protection of life and property is the moral obligation of governments constituted for this purpose. But whether officials who ignore the obligation can be held to account is another question.

A Madison Avenue shop, Domus Design Center, is suing the mayor of New York City and the governor of New York State. In late May and early June, hundreds of businesses were damaged by rioters while Mayor de Blasio and Governor Cuomo refused to act to oppose them.

“Where are our tax dollars going?” asks the Center’s attorney, Sal Strazzullo. “Not protecting commercial properties is negligence of duty. Paying taxes that help pay the salary of the NYPD, we expect protection in return. Government is responsible to protect its citizens and businesses against criminals who want to do bad.”

Yes. 

But Strazzullo’s client faces the precedents of rulings in cases like Warren v. District of Columbia, Castle Rock v. Gonzales, and a lawsuit by Parkland, Florida students against the local sheriff’s office. In these cases, plaintiffs argued that law enforcers had a positive duty to protect the plaintiffs when they were being clearly threatened. 

The courts disagreed.

We must hope that there are limits to the willingness and ability of judges to avert their gaze. Otherwise, we are paying everyone in the system to look the other way when trouble comes.

This is Common Sense. I’m Paul Jacob.

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Photo by Georgia National Guard

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