Posts Tagged ‘police brutality’

Paranoia from the PBA President

Tuesday, September 15th, 2015

Over lunch today, the head of one of the NYPD’s powerful police unions* emailed a shrill “open letter” to the press, blaming the “armchair rhetoric” of columnists and pundits for the worsening relations between the police and the communities they serve.  Here’s the email:

To all arm-chair judges:

If you have never struggled with someone who is resisting arrest or who pulled a gun or knife on you when you approached them for breaking a law, then you are not qualified to judge the actions of police officers putting themselves in harm’s way for the public good.

It is mystifying to all police officers to see pundits and editorial writers whose only expertise is writing fast-breaking, personal opinion, and who have never faced the dangers that police officers routinely do, come to instant conclusions that an officer’s actions were wrong based upon nothing but a silent video. That is irresponsible, unjust and un-American. Worse than that, your uninformed rhetoric is inflammatory and only serves to worsen police/community relations.

In the unfortunate case of former tennis pro, James Blake, — who was clearly but mistakenly identified by a complainant — there certainly can be mitigating circumstances which caused the officer to handle the situation in the manner he did. Do they exist? Frankly, no one will know for sure until there is a full and complete investigation. That is why no one should ever jump to an uninformed conclusion based upon a few seconds of video. Let all of the facts lead where they will, but police officers have earned the benefit of the doubt because of the dangers we routinely face.

The men and women of the NYPD are once again disheartened to read another the knee-jerk reaction from ivory tower pundits who enjoy the safety provided by our police department without understanding the very real risks that we take to provide that safety. Due process is the American way of obtaining justice, not summary professional execution called for by editorial writers.

Sincerely,

Patrick J. Lynch
President

Here’s where that’s coming from:

  1. Last week, retired tennis player James Blake was at the entrance to the (very nice) Grand Hyatt hotel in midtown Manhattan, waiting for a car to take him to an appearance at the U.S. Open. Out of the blue, an armed man in a white t-shirt, jeans, and sneakers attacked him, shoved him against the wall, then twist-slammed his body face-down onto the pavement.
  2. The armed attacker was a police officer, James Frascatore, who mistakenly thought Blake was a suspect in a credit card fraud. Frascatore did not identify himself as a police officer until after Blake was in handcuffs.
  3. Video of the attack surfaced (seen here). Frascatore was widely criticized for excessive and unnecessary force, word spread that he’s had a long record of overdoing it.
  4. To stem the public-relations disaster, Frascatore was placed on desk duty while an investigation could proceed.
  5. The public-relations disaster only got worse, with Blake calling for Frascatore to be fired, and many thought leaders joining in that wish.
  6. Lynch is now responding to all that, saying that it’s too soon to judge Frascatore, we shouldn’t jump to conclusions until we know the whole story, he deserves the benefit of the doubt because police officers have a dangerous job, the people calling for him to be fired enjoy the benefits of policing without the wisdom that comes from understanding what police officers risk, and that Frascatore deserves due process before being tarred as an offender.

A lot of people are going to knee-jerk dismiss Lynch’s email as a load of horseshit at best, and at worst a dangerous defense of a dangerous man that exemplifies the corruption of police unions and the thin blue line’s blind eye to evil within its ranks.

A lot of people are going to knee-jerk cheer Lynch’s email as a necessary breath of fresh air, a much-needed skewering of those who god knows why insist on attacking the freaking good guys, who give aid to the enemy by fanning the flames of anti-cop sentiment, those namby-pamby assholes who put good cops’ lives in danger to further their petty political points.

I’ll try not to be too knee-jerk here, but Lynch is wrong. He’s hypocritical, foolish, and wrong.

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Look, nobody doubts that the police have a risky job. It’s nowhere near as risky as they sometimes think, with fewer cops being shot these days — despite there being far, far more cops and criminals on the streets — than there were more than half a century ago. (Sorry, that link was from 2013. They’re even safer now.) But the fact remains that police officers do sometimes, occasionally, rarely, get killed on the job. Even by people suspected of nonviolent crimes like credit card fraud.

You think I’m going to say that’s irrelevant. But it’s not. I’ll get to that in a moment.

But holy cow, the hypocrisy. Once again the refrain that “we can’t judge this officer until all the facts are in.” “Don’t rush to judgment.” “Don’t jump to conclusions based only on the evidence you’ve seen.” “Don’t ruin his reputation and career before he’s had the due process of a full and fair investigation.”

Oh, please.

When police officers start living by those maxims, maybe then they can expect to benefit from them. Rushing to judgment, jumping to conclusions based on limited evidence, is what cops do. It’s what they’re trained to do. It’s their blasted job description. And they immediately do their best to destroy the lives of those they’ve arrested, before any evidence is in, before any due process has even begun, by hauling their victims through perp-walks and holding press conferences specifically designed to condemn people who haven’t even been arraigned yet, much less been convicted.

Whenever a police representative makes any of these claims, you have my permission to vomit on their shoes in disgust.

That’s the hypocrisy, and it’s obvious. What’s the foolishness?

Lynch is foolish to attack the punditry in this way. The opinion writers and journalists of America have been the best friend of the police since forever. Including the lefty anti-establishment types who flocked to journalism after Watergate. Yes, them too. They’re the ones who made the police into heroes. It sure wasn’t the people on the street who actually interacted with cops and batons and TPF goons, and it certainly wasn’t the people safe in their offices and houses and dorm rooms whose only encounter with the police was a speeding ticket. It’s been the storytellers — the journalists, the screenwriters, the comic-book artists — who’ve reliably instilled the ideal of the noble police officer.

The exceptions used to be exceedingly rare, and only in reaction to exceedingly awful conduct.

What would a wise police establishment do? A wise establishment would co-opt these writers eagerly, and make sure that these rare exceptions were known to be exceptions, were disavowed as unpolicemanlike, and that real police officers neither behave that way nor tolerate those who do.

What the unions have consistently done, however, is to double down each time it happens. With every case of police brutality, the police back the wrongdoer. And each time they do that, the police themselves, turn the outcry, bit by bit, against the police themselves. By identifying with the wrongdoers, the police have gradually become the wrongdoer in many eyes. Some say the anti-police demonstrations in Ferguson last year marked a tipping point, and that anti-cop sentiment is becoming systemic. But they said that after Amadou Diallo, after Abner Louima, after Rodney King, a generation ago, and it never really snowballed. But if we are at a tipping point or near one, how much wiser to stop it by co-opting the opinion makers? Not antagonizing them and proving to them that everything they suspected and feared is in fact true.

Foolish.

Video is not the policeman’s friend, necessarily. It’s easy enough to edit out the bits that show the threat a police officer was reacting to, to make his reaction look senseless and out of the blue. There are plenty of videos making the rounds that do just that. It’s unfair when that’s all we see, and yes when we jump to conclusions based on such videos we jump to the wrong conclusions. But the solution to that is not the same old doubling down, locking arms, and spouting the same mindless defense of wrongdoing and hypocrisy. That only breeds more skepticism and cynicism. The correct thing to do is provide the rest of the facts, so the public knows not only what’s what, but also that someone tried to manipulate them. People don’t like that. You can do this without undermining an officer’s legal defense. He doesn’t have to say a word on camera. That’s what you union mouthpieces are for, right?

Video is also not always the policeman’s friend when viewed by an untrained eye. You officers on the job right now, how many videos have you seen of a justified shooting, where it all happened too fast or at the wrong angle for the camera to pick up on the gun? Happens all the time. Joe Public sees a video of a cop shooting an unarmed man for no reason. But if you defend the bad shootings along with the proper ones, how is he to know?

Foolish.

As Radley Balko recently wrote, “Once again: There is no ‘war on cops.’ And those who claim otherwise are playing a dangerous game.

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So what about the danger, then?

Police training and experience can be pretty dysfunctional. In fact, it’s amazingly similar to the socialization and experience that trains street thugs to behave the way they do.

You take a kid being raised in the inner city by a young, uneducated, single mom. Surround him with those who would hurt him or take advantage of him. He learns not to trust the people around him to have his best interests at heart. When someone tries to make him do something, the best response may well be to deny that person any authority over him, to fight back. The world is a dangerous place, in which he must assert himself forcefully if he is to survive. The other guy doesn’t count. All that counts is getting home okay, and if he can make a little money all the better. [For more on that, read this (or listen to the authors’ Freakonomics podcast or this unrelated Ted talk), or pick up any recent textbook on delinquency.]

In the Academy, police are trained that they are surrounded by those who would hurt them or take advantage of them. On the street, they deal almost exclusively with the violent, the broken, the unpredictable. They very rarely get asked directions by kids out of a Norman Rockwell painting. They learn to assert their authority immediately and forcefully. Otherwise a perp might fight back, and they might get hurt. The perp doesn’t count. All that counts is getting home okay, and if the officer can make a little overtime along the way, all the better.

Dysfunctional? You bet.

But that explains why Frascatore did what he did.

You or I or James Blake can look at the arrest of someone like, say, James Blake, and see a shocking unnecessary use of force. We wonder aloud “why didn’t he just show his badge, explain that Blake was suspected of a crime, and make the arrest peacefully, and only elevate the force used if — and to the extent that — the other guy first made it necessary?” (What, you don’t say sentences like that aloud?)

The dysfunction of a police officer’s training and experience explains why you or I might think that, but it would never even occur to an officer.

His automatic, learned behavior is to attack the suspect with overwhelming force and subdue him above all else. This may be perfectly rational when dealing with a violent or crazed thug. But when dealing with a perplexed honest citizen, the citizen’s confusion gets misinterpreted as resistance, and the officer’s reaction just gets worse.

This dysfunction is what Lynch is trying to defend when he accuses the punditry of ill-informed armchair quarterbacking. If they only knew the realities, they’d understand why this was no big deal, why this was understandable and indeed proper arrest behavior. (Hypocrisy, again. Somehow the police themselves have been granted a dispensation not to have to understand the behavior of those they are arresting.)

The solution, of course, is to think. To take a second and decide whether this person needs to be jumped with shouts of authority and a gun in his ear, or whether a discreet arm on the shoulder and a word in the ear might suffice. To take a second to figure out whether this well-dressed man at a swanky hotel is resisting your authoritah (do people still quote Cartman?) or whether he is in fact frightened and confused by an apparent armed assault.

It seems to work with violent anti-authoritarian inmates (see the above-linked study). Who knows, it might work with cops, too.

But what won’t work is more of the same knee-jerk hypocrisy and paranoia from the PBA.

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*The Patrolmen’s Benevolent Association, which represents uniformed patrol officers. There’s a different union for uniformed sergeants, another one for detectives, and yet another one for lieutenants.

“Collars for Dollars” Plus “Occupy Wall Street” Equals What?

Friday, November 18th, 2011

The Facebook post above was posted to Reddit earlier today.  We don’t know if this is an accurate copy or not, the internet being what it is, but it’s close enough to what we’ve heard actual officers say that it is useful to illustrate a couple of points.

First, the whole “Collars for Dollars” mentality we’ve mentioned before. In short, the NYPD is a unionized labor force, whose workers get paid a base salary plus overtime. The base salary is barely sufficient to meet the expense of living in NYC (so many cops choose to live pretty far away from the city, cutting any ties to the communities they police, with attendant consequences). The way for an officer to make some real money is by working overtime.  That lovely, lovely overtime is what pays for their mortgages, their kids’ schools and the occasional night on the town. The way to make overtime is either (1) by making arrests or (2) working a “detail.”

Arrests generate overtime because, at the end of one’s shift, one gets to stay at the precinct for many more hours filling out the reams of attendant paperwork, securing evidence, and helping a prosecutor draft the various complaints. If any of the collars were for felonies, ideally they have been timed so that the resulting grand jury presentation will be held on the cop’s regular day off — RDO for short — which gives the cop 8 hours of overtime even if he only showed up at the DA’s office for half an hour.

Details are out-of-the-ordinary assignments where an event requires extra police to provide security, police not otherwise assigned to a normal duty — police working overtime or on their RDO. Details can range from providing a police escort for a visiting dignitary, to lining the streets for a parade, to dealing with an unruly mob. Details are a great source of overtime.

You see this in the Facebook discussion, which appears to include more than just one NYPD officer. The original poster is on his RDO, and he’s hoping the OWS protesters start acting up so he can get called in to do a double tour and get 15 hours of overtime pay (for getting the chance to hit some protesters). Another jokes that he hopes they don’t start rioting until his shift starts that night, presumably so he can maximize his overtime.

There’s nothing wrong with police officers joking about stuff that, to the rest of us, might sound obscenely offensive. It is often a tough job, often horrific, and black humor is how people of all walks of life deal with such things. The post about pretending to be a protester, shoving people from the inside, shouting invective, and leaving a BB- or paintball- gun behind? That one’s probably a joke (although — and probably because — such things have been known to happen).

But there are other wishes expressed here which, though certainly cathartic, are probably more sincere. The desire to “rock,” or get physically violent with a protester, comes out strong here. Why? Because the protesters are the enemy.

That’s our second point: To the police, it’s “Us against Them,” and (more…)

Police Allowed Into Home, Shoot Dog and Unarmed Suspect

Thursday, October 14th, 2010

When the police ask if they can come in, SAY NO.  It doesn’t always end as badly as this, but it almost always ends badly.

When the police (or investigators from a regulatory agency, or any enforcement types) ask you questions, SAY NOTHING.  You don’t have to talk to them, and it can end badly.

If the cops are getting physical, DON’T FIGHT THEM.  You will always lose, and it’s just something else to charge you with.

Not blaming the victim here, but don’t let it happen to you.

For more useful advice — for law-abiding citizens just as much if not more than others — see this fine video called 10 Rules for Dealing with Police:

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Credit goes to the partner, btw, who’s probably looking at a helluva lot of harassment for breaking the wall of silence.  Breaking the golden rule that Thou Shalt Not Speak Ill Of Another Cop is not a career-advancing move.

“Unprecedented” Disrespect for Police is Well-Deserved

Friday, July 23rd, 2010

cops_on_video

“There has been a spate of particularly brutal and senseless attacks on the police,” according to Eugene O’Donnell, professor of police studies at John Jay College of Criminal Justice, and a former police officer and prosecutor. “It seems to me, [there is] an unprecedented level of disrespect and willingness to challenge police officers all over the place.”

What a telling quote.  (We’d have missed it, too, if Scott Greenfield hadn’t written about it today.  Apparently this was quoted on Fox, and we’ve never gotten around to actually watching or reading Fox News.  We get our news mostly from Fark and the WSJ.)  We have no data with which to verify the claim that police are getting attacked more often.  Nor are we aware of any studies showing an unprecedented level of disrespect for the police.  But like all good anecdotal claims, it seems right because it meshes with our own perception — regardless of whether our perception accurately reflects the truth.

In other words, it’s telling not because it is true, but because it feels true.

Perception is everything.  Reality has a way of catching up.  It’s true of almost every human endeavor except pure math and the most rigorous science.  Perception either is truth, or it becomes truth.

And the perception is that people have “an unprecedented level of disrespect” for the police.  Accurate or not, it’s fast becoming the truth.

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So how come?  That’s easy.  Disrespect must be earned.  People tend not to disrespect others until they’ve been given a reason to.  But once respect is lost, it is practically gone forever.  Reputation works that way.  And when people lose respect for an authority figure, the effect is even worse.  There’s a sense of betrayal.  A violation of trust.  When a trusted authority figure has betrayed that trust, the natural response is not mere disrespect, but hostility.

In recent weeks, there has been talk of more and more people getting arrested for videotaping the police.   It’s nothing new — we’ve been reading such stories for several years now, ever since cell phones started being kitted out with video cameras.  Still, it’s a topic of the day, and we’ve had a few conversations with people on both sides of the issue.  Leaving aside the whole wiretapping issue, however, (a typical explanation for such arrests in states without a one-party-consent rule, though it’s still bogus when the taping is in public and not remotely unlawful eavesdropping), it sure seems like cops are making these arrests because they’re afraid of being made to look bad.  Perception matters.

Are they afraid of misperception?  Sure.  “The camera doesn’t lie,” folks say.  But that’s demonstrably false.  Look at that famous video of Rodney King getting clubbed by a swarm of cops.  It sure looks like he’s getting hit for no good reason, doesn’t it?  But the video doesn’t show King going 80 mph through residential neighborhoods after a 100+ mph freeway chase, it doesn’t show King acting like he was flying on PCP when he got out of the car, it doesn’t show him fighting off multiple officers who tried to handcuff him.  The video actually shows the cops acting by the book, doing exactly what they were supposed to do — get him on the ground and keep him there.  He got hit with batons when he kept trying to get up, and the cops struck him to keep him on the ground.  The jury acquitted the cops, because they did it by the book.  But there was rioting and mayhem as a result, because the perception was different.

The camera does lie, because it doesn’t tell the whole story.  Cops suddenly rushing up on a guy for no apparent reason, frisking him, and arresting him — that looks bad if you didn’t know the guy had sold crack to an undercover a few minutes before.  But the camera didn’t catch that.  But guess what, that’s still the cops’ problem, and rightly so.  Eyewitnesses in the community didn’t see it, either, after all.  Is it any wonder why some communities have a strong perception that the cops keep grabbing people for no good reason?  Because that’s what they see.  Right or wrong, that’s the perception. 

And it’s the cops’ job to manage that perception.  Nobody else’s.

But the cops have to be afraid of legitimate perceptions, too.  The camera does happen to catch a whole lot of real police misconduct.  Cops abuse their power all the time.  They do lock people up without good reason.  They do hit, shoot, tase people without good reason.

This misconduct is nothing knew.  There have always been (more…)