Tag Archives: police

All Posts, justice, north carolina, race

WHO CAN SEE POLICE VIDEOS?

Gotcha!  That’s the word that comes to mind when I hear arguments about access to body-cam and dash-cam recordings. Advocates for law enforcement agencies and those who think they’ve been mistreated by police both want to use recordings to justify themselves but the “gotcha” blame game inflames tensions rather than improving public safety.

Controversies surrounding who can see the recordings will make our problems worse.  Imagine the following two scenarios, both of which are likely to occur:

  1.  An individual complains publicly about improper treatment by police. Police respond by releasing a recording which demonstrates that their actions were reasonable and appropriate.
  2. A similar complaint is made and a recording exists but police refuse to release it.

Neither truth nor justice will matter after those events converge into one story.  Together they will appear to be evidence of self-serving decisions and bias by law enforcement – a no-win situation for police and for the public.

More than a year ago, I identified some of the issues and urged passage of a law to regulate access to the recordings.  North Carolina legislators, including local representative Allen McNeill who has extensive police experience, drafted and passed HB 972 which addressed several important concerns.   It’s a good beginning but it leaves law enforcement agencies vulnerable to charges of conflict of interest.

The law allows record retention and release rules that are customized to the unique issues surrounding law enforcement videos by declaring that the recordings are not “public records” to be made generally available like minutes of meetings and government correspondence.  Nor are they “personnel records”.   This will prevent:

  • mass requests for videos by those who want to scan thousands of records for instances of certain kinds of behavior by a particular ethnic minority or police
  • “witch hunts” against a particular officer
  • social media posts of half-dressed people recorded while police intervene in domestic disputes.

HB 972 creates a presumed right to disclosure (seeing the video) for anyone appearing or heard in the recording and for their designated representatives.  It also provides more restrictive criteria for release (obtaining a copy) of the video and it includes a list of circumstances where disclosure or release could be denied.

Four flaws in this otherwise reasonable law make allegations of conflict of interest by police virtually  inevitable.

  1. HB 972 requires the head of the law enforcement agency to decide whether to disclose or release videos.  A citizen who is denied access must hire an attorney and go to court in order to appeal. Public confidence could be improved by reversing the burden of proof – requiring police to go to court to justify denying access to the videos.
  2. A provision of the law allowing police to release videos for “any law enforcement purpose” should be tightened to prevent suspicion that police will release videos that make them look good and withhold those that make them look bad.
  3. One criterion in the law allows denial of access to protect “the reputation of an individual”.  That protection should be limited to bystanders.  It should not apply to interactions between officers and the public.  It is precisely because of concerns about behavior of officers and the public that the recordings are needed.
  4. The law does not allow access to videos by news media, advocacy organizations or the public under any circumstances.  They could only obtain recordings from an involved individual who had met  the police-administered criteria.  The ban on public and news media access to recordings should be reconsidered to see if good criteria can be created.  That will be difficult but probably less harmful than making public release totally subject to police discretion.  The levels of suspicion that already exist between police and some segments of our society mean that police will not be trusted to make unbiased decisions about releasing recordings.

Legislators deserve credit for making this first effort and there is much in the new law that can be helpful.  If they quickly fix its flaws, this otherwise promising law may help build trust between police and citizens.  Without changes it is more likely to generate allegations of bias and conflict of interest by police, no matter how hard they struggle to be fair.

Lives are at stake along with mutual trust between police and the public that they are sworn to protect.  Let’s not play political “gotcha” with these videos.

All Posts, guns, justice

RECONSIDERING GUN LAWS AND POLICE SAFETY

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CLICK HERE FOR VIDEO OF THE SHOOTING OF TAMIR RICE

Of all the highly publicized police shootings that we’ve experienced recently, the killing of 12 year old Tamir Rice in Cleveland, Ohio troubles me the most.  Many blame the child or the officers.  But could it be that our laws, traditions and beliefs make such events almost inevitable?

Rice had not violated any law.  He had a toy gun that is designed to shoot plastic pellets.  They are promoted and sold specifically for people who want to play combat and gunfight games.  The guns and ammunition are available online from mainline retailers including Amazon, Dick’s Sporting Goods and Wal-Mart.  People play gunfight games in forests, parks and at businesses organized for the purpose.

Someone called 911 to report a person with a gun in his hand near a recreation center.  The caller wanted police to check the situation and added that the person might be a child and the gun might be a toy.  As police approached, the toy gun was in the open and visible. Then Rice appeared to put it into the front of his pants. It was no more “concealed” than if he had placed it into a holster.  His actions with the toy were legal.  Had he been an adult, he could legally have done the same thing with a real gun because Ohio is an open carry state.

Video from a nearby camera shows that less than two seconds elapsed between the time the patrol car stopped and the time that Tamir Rice was shot.  Rice had not violated any law and was not threatening anyone at the time police arrived.  They had the imagesopportunity to communicate with him from a distance over their loudspeaker and to approach him slowly.  Instead they drove the patrol car close to him at speed and stopped abruptly – enough to frighten anyone.  By using less intimidating procedure, police might have avoided the problem, but they squandered that opportunity and rushed to confrontation.  The case went to a Grand Jury which did not indict either officer.

From the police perspective, two officers were dispatched to look into a situation where someone was reported to be pointing a gun at people.   The officer who killed Rice says that Rice appeared to be handling the gun in a threatening way.  He says that he feared for his own safety and shot Rice to protect himself and his partner. Despite video evidence that the atmosphere of threat and fear was created by the police themselves, the grand jury agreed that the officer had cause for fear and therefore was justified in shooting Tamir Rice .

Police were legally justified in shooting and killing a person who had committed no crime because they perceived that individual’s actions as threats to their safety.  That interpretation of law has been upheld in many places and at many times including this case where a child was treated in a threatening manner by police and then killed by them because they perceived his behavior as threatening.

The Rice family did not feel that justice had been served.  After the Grand Jury returned no indictment, they sued the City of Cleveland. Recently the City agreed to pay $6 million in damages but did not formally admit any fault or liability by the city or its officers.  Even though there was no criminal prosecution,  the City’s attorneys obviously thought it likely that a jury would find the killing unjustified.  The  historical significance of this case is demonstrated by the Smithsonian Museum’s interest in preserving the recreation center gazebo where in occurred.

If police fear for their safety because you appear to have a gun in your hand, does that justify them shooting you?  And if not, how does the officer protect himself from criminals?  Is it time to examine and reconsider laws that allow open carry of firearms?  Or is it time for police to stop bothering people who openly carry guns?  Should parents continue to teach children, especially black children, to fear police?  Or should it be illegal for police to intimidate people and then shoot them, as they did with Tamir Rice?

The answers to those questions may be complex but I’m confident of one thing.  Reconsideration of our laws is long overdue.

All Posts, justice, race

DO WE WANT POLICE BODY CAMERAS?

Now is the time to think carefully about whether to record police interactions with the public and who would have access to recordings.  The reasons to record seem clear.  Some allegations of serious, even criminal, misconduct on the part of both police and citizens have been clarified by video evidence.  Law enforcement is impaired by mistrust of police.  If cameras reduce the mistrust, then police can be more effective.  The presence of cameras might motivate more respectful behavior by both citizens and police – leading to fewer confrontations.  All of those would be good outcomes.

On the other hand, some people may be reluctant to even talk with police if the conversation is recorded.  Would people have informal conversations with officers about neighborhood gangs and drug dealers if they knew that they were being recorded?

The idea of recordings seems good, but unanswered questions abound. Continue reading DO WE WANT POLICE BODY CAMERAS? →

All Posts, justice, race

Why Is Walter Scott Dead?

Despite the fact that Americans are protected by our constitution from overly aggressive law enforcement, there continue to be tragic occasions when officers shoot first and ask questions later.  Another such story is unfolding in South Carolina. Continue reading Why Is Walter Scott Dead? →

All Posts, justice, race

Building Trust Across Racial Lines

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The first step in solving a problem is to admit that it exists. Despite our experiences with racial tension and conflict, many Americans deny the existence of a problem. Some acknowledge difficulties then point a blaming finger toward others, as if problems could be solved by “fixing” law enforcement or black culture (whatever that stereotype means). My own conclusions are that we have genuine national and local problems; and until we address fundamental needs for trust and communication other initiatives are unlikely to work. Continue reading Building Trust Across Racial Lines →

All Posts, health, justice, north carolina, public education

Does Underage Drinking Fuel Campus Assaults?

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I got you in trouble in high school; but college, now that was a ball.  You had some of the best times you’ll never remember with me – Alcohol.”  (Brad Paisley)

The song masks pain and humiliation behind humor.  Many college students arrive with established alcohol habits and binge drinking is popular recreation. Some parents allow pre-college teenagers to have alcohol at parties.   Are they protecting their children by letting them learn to drink responsibly under supervision or are they increasing the chances that the children will become alcoholics?  In some states that is legal and in others parents could face both criminal and civil penalties.  Excessive drinking among teens is associated with academic failure, violence,  and financial problems. Continue reading Does Underage Drinking Fuel Campus Assaults? →