Thursday, June 11, 2020

The Nation Plans Accordingly...

I hear always the admonishment of my friends:
"Bolt her in, constrain her!"
But who will guard the guardians? 
The wife plans accordingly and begins with them.
-- Juvenal, Satire VI

I've been struggling the past few days to get into words what it is I want to say about the current protests and community uprisings against police brutality, tying it in with the remembrances of Tank Man and the need for protesting injustice under all circumstances.

In the meantime, this article - written by an ex-cop under the pseudonym A.Cab (the newest acronym for All Cops Are Bastards) about the systemic bias, rage, racism, sexism, and bullying in law enforcement - on Medium has turned into the must-read thing of the moment

This essay has been kicking around in my head for years now and I’ve never felt confident enough to write it. It’s a time in my life I’m ashamed of. It’s a time that I hurt people and, through inaction, allowed others to be hurt. It’s a time that I acted as a violent agent of capitalism and white supremacy. Under the guise of public safety, I personally ruined people’s lives but in so doing, made the public no safer… so did the family members and close friends of mine who also bore the badge alongside me.
But enough is enough...
If you’re tempted to feel sympathy for me, don’t. I used to happily hassle the homeless under other circumstances. I researched obscure penal codes so I could arrest people in homeless encampments for lesser known crimes like “remaining too close to railroad property” (369i of the California Penal Code). I used to call it “planting warrant seeds” since I knew they wouldn’t make their court dates and we could arrest them again and again for warrant violations.
We used to have informal contests for who could cite or arrest someone for the weirdest law. DUI on a bicycle, non-regulation number of brooms on your tow truck (27700(a)(1) of the California Vehicle Code)… shit like that. For me, police work was a logic puzzle for arresting people, regardless of their actual threat to the community. As ashamed as I am to admit it, it needs to be said: stripping people of their freedom felt like a game to me for many years...
In fact, let me tell you about an extremely formative experience: in my police academy class, we had a clique of around six trainees who routinely bullied and harassed other students: intentionally scuffing another trainee’s shoes to get them in trouble during inspection, sexually harassing female trainees, cracking racist jokes, and so on. Every quarter, we were to write anonymous evaluations of our squadmates. I wrote scathing accounts of their behavior, thinking I was helping keep bad apples out of law enforcement and believing I would be protected. Instead, the academy staff read my complaints to them out loud and outed me to them and never punished them, causing me to get harassed for the rest of my academy class. That’s how I learned that even police leadership hates rats. That’s why no one is “changing things from the inside.” They can’t, the structure won’t allow it...
To understand why all cops are bastards, you need to understand one of the things almost every training officer told me when it came to using force: “I’d rather be judged by 12 than carried by 6.”
Meaning, “I’ll take my chances in court rather than risk getting hurt”. We’re able to think that way because police unions are extremely overpowered and because of the generous concept of Qualified Immunity, a legal theory which says a cop generally can’t be held personally liable for mistakes they make doing their job in an official capacity...
If you take nothing else away from this essay, I want you to tattoo this onto your brain forever: if a police officer is telling you something, it is probably a lie designed to gain your compliance.
Do not talk to cops and never, ever believe them. Do not “try to be helpful” with cops. Do not assume they are trying to catch someone else instead of you. Do not assume what they are doing is “important” or even legal. Under no circumstances assume any police officer is acting in good faith.
Also, and this is important, do not talk to cops...
Reading the above, you may be tempted to ask whether cops ever do anything good. And the answer is, sure, sometimes. In fact, most officers I worked with thought they were usually helping the helpless and protecting the safety of innocent people...
And consider this: my job as a police officer required me to be a marriage counselor, a mental health crisis professional, a conflict negotiator, a social worker, a child advocate, a traffic safety expert, a sexual assault specialist, and, every once in awhile, a public safety officer authorized to use force, all after only a 1000 hours of training at a police academy. Does the person we send to catch a robber also need to be the person we send to interview a rape victim or document a fender bender? Should one profession be expected to do all that important community care (with very little training) all at the same time?
To put this another way: I made double the salary most social workers made to do a fraction of what they could do to mitigate the causes of crimes and desperation. I can count very few times my monopoly on state violence actually made our citizens safer, and even then, it’s hard to say better-funded social safety nets and dozens of other community care specialists wouldn’t have prevented a problem before it started...

This is where, in a sane and just world, instead of sending out more cops we need to be sending out more social workers. But gee, who wants to spend a billion dollar budget on social workers...? Back to the anonymous op-ed:

Police officers do not protect and serve people, they protect and serve the status quo, “polite society”, and private property. Using the incremental mechanisms of the status quo will never reform the police because the status quo relies on police violence to exist. Capitalism requires a permanent underclass to exploit for cheap labor and it requires the cops to bring that underclass to heel.
Instead of wasting time with minor tweaks, I recommend exploring the following ideas:
No more qualified immunity. Police officers should be personally liable for all decisions they make in the line of duty.
No more civil asset forfeiture. Did you know that every year, citizens like you lose more cash and property to unaccountable civil asset forfeiture than to all burglaries combined? The police can steal your stuff without charging you with a crime and it makes some police departments very rich.
Break the power of police unions. Police unions make it nearly impossible to fire bad cops and incentivize protecting them to protect the power of the union. A police union is not a labor union; police officers are powerful state agents, not exploited workers.
Require malpractice insurance. Doctors must pay for insurance in case they botch a surgery, police officers should do the same for botching a police raid or other use of force. If human decency won’t motivate police to respect human life, perhaps hitting their wallet might.
Defund, demilitarize, and disarm cops. Thousands of police departments own assault rifles, armored personnel carriers, and stuff you’d see in a warzone. Police officers have grants and huge budgets to spend on guns, ammo, body armor, and combat training. 99% of calls for service require no armed response, yet when all you have is a gun, every problem feels like target practice. Cities are not safer when unaccountable bullies have a monopoly on state violence and the equipment to execute that monopoly.
One final idea: consider abolishing the police...

As for all the calls (like this one) to "abolish the police" sounds like extreme demolition, but in the context that the op-ed writer is telling us, it's more along the lines of extreme reform. That things need to be broken down in order to rebuild something without the stain and sins of the previous shape of things. The current system, there's almost nothing good to salvage. The entire setup has to go, and a new, more humane and less violent system put in place. This requires not a revolution but determination.

A lot of this were warning signs back during Ferguson. I went back to look at what I wrote then. When the anonymous cop writes about "No More Civil Asset Forfeiture," that was one of the biggest takeaways we got from the official reports about those dark months. The way that department operated - fining the hell out of poor residents in order to raise their own revenues - created what I called an extortion racket the police couldn't give up. We had a legal system that relied on bad police behavior to the point our prosecutors and judges were accomplices after the fact. In Ferguson, much like what we've had in our cities this month, we had cops carrying firepower equal to most standing armies all to shoot and maim unarmed civilians. I still remember that quote from an actual Iraqi veteran: "We rolled lighter than that in an actual war zone."

SIX YEARS AGO, we had all these warning signs, and we've done nothing since then but let the local and county law enforcement get worse.

The need for accountability out of our guardians has always been high. The failure of our nation to hold them accountable has always been a great tragedy. Too many people have been killed and harmed already.

Who polices the police? We should, otherwise like the wife of Juvenal's satire we need to plan ourselves accordingly.


1 comment:

dinthebeast said...

Yeah, in our "all taxes are bad" political environment, any revenue stream, no matter how abhorrent, has to be protected. In Oakland they had the "operation beat feet" debacle for a while, wherein they would pull people over, tell them they suspected them of being involved with drugs or prostitution and take their cars.
Just like that. No conviction necessary.
Reforming police departments is hard, but it has happened, and even so the results are never assured as long as the corrupt culture remains.
I'm talking about the Oakland Housing Authority Police, who were notoriously corrupt. crooked, and brutal. After some local reporters asked some inconvenient questions about them to the city government, the OPD set them up, busted them, and shut them down, taking their responsibilities on themselves.
So far, so good, except that a few years later, OPD got caught pulling the same bullshit they shut OHA down for in the infamous "Riders" case, only that time OPD wasn't working with the prosecutors and all of the officers involved were acquitted (except for one who fled to Mexico).
Meanwhile, the officers from the disbanded OHA force were free to find jobs in other forces, and they did just that. The San Francisco Park Police in particular hired a lot of them.
That left civil action as a remedy, and the case landed in the courtroom of Thelton Henderson, who mandated a raft of reforms that the OPD dragged its feet in complying with, causing judge Henderson to repeatedly threaten to throw the entire force into receivership over, causing them to issue repeated promises that they would accelerate compliance in a slow motion legal dance that lasted until judge Henderson went into semi-retirement and now the goddamn OPD is on its third chief of police in just over a year.
Read that: something more fundamental than the available remedies has to happen if we ever want to see the police act any differently than the worst among them want to.

-Doug in Sugar Pine