WANTE - We Are Not the Enemy

As I watched the trial of Derick Chauvin with interest and cynicism, I continually wondered “Why”? We are not the enemy, but events over the years suggest some members of law enforcement feel differently. I decided to explore the history of conflicts between some members of law enforcement and the minority communities they are supposed to serve. I concluded there are far more complexities than I ever imagined, but solutions can be found.

I thought about my life – arrested or detained 7 times before I graduated from high school and yet NEVER broke the law. The first time I was a 9-year-old, trying to make money as a paperboy. Sure, I lied about my age, but since I was the size of 13-year-old, no one really questioned. I remember the police cruiser pulling up and the officer saying ‘What are you doing out here little nigger”. He demanded my ID?????, then put the handcuffs on me and placed me in the back of his squad. I started crying and my friend Ted ran to get my mother. My Mom was an imposing woman [6’2”] and demanded the officer release me. Instead, he pulled his weapon. She barely reacted and just said “If you’re going to pull it out, you better be ready to use it”. Years later, during the riots following the assassination of Martin Luther King, I encountered a National Guardsman attempting to sexually assault a young woman. I intervened, but the Guardsman came after me with his riot club. By this time, I was 6’9’ and 250 lbs.; I took his club and begun to strike him with it. This wasn’t the smartest thing I’ve ever done, because the police arrested me for the assault. Rather than take me straight to the station, they hogtied me and beat me, then I was taken into custody. Thankfully, the [white] woman came to the station and gave a statement explaining my actions, I was released, but not before receiving over 100 stitches. 

Dr. Gary Potter wrote an excellent piece “The History of Policing in the United States”. As part of his article, he cites the creation of the “Slave Patrols” in the South as the beginning of modern policing. He states - The first formal slave patrol was created in the Carolina colonies in 1704 (Reichel 1992). Slave patrols had three primary functions: (1) to chase down, apprehend, and return to their owners, runaway slaves; (2) to provide a form of organized terror to deter slave revolts; and, (3) to maintain a form of discipline for slave-workers who were subject to summary justice, outside of the law, if they violated any plantation rules. Following the Civil War, these vigilante-style organizations evolved in modern Southern police departments primarily as a means of controlling freed slaves who were now laborers working in an agricultural caste system, and enforcing "Jim Crow" segregation laws, designed to deny freed slaves equal rights and access to the political system.

This beginning of “modern policing” set the stage for interactions between police and minority communities today. Blacks were viewed as intrinsically violent, which required aggressive measures to keep us “under control” and protect the white community from our “propensity for violence”. Conversely, white criminality is viewed with empathy and is often felt to be a result of other underlying issues. A recent example involves the June 17, 2015 shooting at the Emanuel AME church. Dylann Roof, an avowed white nationalist, killed 9 people after joining them for Bible study. When Roof was arrested the next day, he complained he was hungry. Police treated him to Burger King.

In order to further understand how we got to this point, we must also look at the statistics. According to the 2019 FBI Crime Report there were 7964 murders in the United States, of which 4078 [51.2%] were committed by Blacks. This might suggest a reason for the theory of Hyper violence, until we learn 90% of these murders were committed against other Blacks [e.g. “Black on Black crime”]. Since the Black population stands at 41,147,488, it hardly stands to reason that the level of violence reflects a pervasive problem with Black Americans. In truth, Black Americans want and need protection of our police agencies as much as every other segment of the population. We are not against police, but rather are against BAD POLICING! In spite of the low percentage of Black criminality, since May 25, 2020 [date of the George Floyd murder], 181 Blacks have been killed by police. 

We must also consider the challenges of policing in today’s society. For example, the FBI reports 89 officers were killed in the line of duty in 2019, of which 48 died by felonious acts and 41 in accidents. About 17% die by shooting and other causes of death include traffic collisions, being struck by motor vehicles or by job related illnesses. Suicide is also a major factor, with 228 dying by suicide in 2019, with the rate of suicide being almost twice the rate of the general population. Of note, officers with 20 – 25 years’ experience were most susceptible. On average, about 50,072 officers are assaulted each year, resulting in 14,030 injuries. While I shouldn’t have to state the obvious, it takes a very special person to be a police officer.

I also examined statistics pertaining to the number of officers who were involved in officer involved shootings. Like most Americans, I thought the majority of law enforcement officers would be culpable. In truth, according to the Pew Research Center only 27% of all officers have ever fired their weapons in the line of duty. This contradicts the prevailing belief, as it appears the majority of officers are not “gun happy cowboys” and rather are trying to do the right thing in the communities.

So, what can be done to reduce the number of improper officer involved shootings? To address this question, I reviewed and will offer a selective summary the “Interim Report of the President’s Task Force of 21st Century Policing (2015), which offers solid recommendations by focusing on “Six Pillars” –

1)     Building Trust & Legitimacy

2)     Policy & Oversight

3)     Technology & Social Media

4)     Community Policing & Crime Reduction

5)     Training & Education

6)     Officer Wellness & Safety Implementation

The task force examined each pillar on its individual merit. For example, pillar 1 spoke to basic elements of human decency, like treating all people with respect and being transparent when interacting with the public. The task force also cited elements of explicit and implicit bias and recommended all officers received implicit bias training. As I have said in previous writings, police must assume a guardian mentality, rather than the current warrior mentality. As Plato wrote, “In a republic that honors the core of democracy—the greatest amount of power is given to those called Guardians. Only those with the most impeccable character are chosen to bear the responsibility of protecting the democracy.” This will necessitate a culture change in police agencies nationally, in order to improve relationships with the communities they serve. They must become more transparent and be willing to be accountable for their decisions.

Pillar 2 [Policy & Oversight] cites the need to have clearly articulated rules on the use of deadly and non-lethal force. It notes there is already existing law [Section 210402 of the Violent Crime Control and Law Enforcement Act of 1994] that requires the Attorney General to acquire data about the use of excessive force by law enforcement officers and to publish an annual summary of the data acquired under this section. The report further notes the US Department of Justice [DOJ] has never been allocated with the funds need to sustain the program. It’s unfortunately, as this type of program would provide objective evidence of the relative successes or failures of the various police agencies.

The report also suggests police collaborate with community members to devise policies and strategies that will offer the best service. This is particularly needed in minority and underserved communities where trust remains low. The report cites LAPD as an example. Chief Charlie Beck described the LAPD’s Community Safety Partnership, in which officers engage the community and build trust where it is needed most, in the public housing projects in Watts. The department has assigned 45 officers to serve for five years at three housing projects in Watts and at an additional housing project in East Los Angeles. Through a partnership with the Advancement Project and the Housing Authority of the City of Los Angeles, the program involves officers going into the housing developments with the intent not to make arrests but to create partnerships, create relationships, hear the community, and see what they need—and then work together to make those things happen. Violent crime dropped drastically within the first two years of the Community Safety Partnership. The developments averaged four or five homicides each per year in previous years. There were 69 homicides altogether in the three years preceding the CSP. After the CSP, there were no homicides for almost two years. That impressive record ended when Grape Street gangsters killed two innocent people in Nickerson and Imperial. But, through the close cooperation of the community, the murderers were arrested within 24 hours. While the program cannot eliminate all violence, it clearly offered positive results.

The report also looked at current use of force policies. They recommended law enforcement agencies should have comprehensive policies on the use of force that include training, investigations, prosecutions, data collection, and information sharing. These policies must be clear, concise, and openly available for public inspection. The also suggested training should focus on de-escalation and using alternatives to arrest and summons when appropriate. Finally, the task force suggests all use of force situations causing death must be investigated by external and independent agencies.

Another area of concern noted by the taskforce concerns the ability of police officers that have been terminated for misconduct to apply with another police agency. They suggest using the National Decertification Index to negate any terminated officer from seeking employment with any other agency. I think this will go a long way in eliminating bad cops from continuing in the profession.

Pillar 3 – Technology & Social Media focuses on the proper use of this media. Case in pint is the use of Body Won Cameras [BWC]. It has been shown that use of BWCs substantially reduces use of force, but also the number of citizen complaints. Conversely, use of BWCs can constitute privacy and civil liberty violations, therefore attention must be given to proper maintenance of video recordings. The report also recommends creating a Body Worn camera Toolkit to assist state and local agencies in the creation and maintenance of this tool.

Social media can also provide additional insight to law enforcement and aid the community. For example, it can help police identify the potential nature and location of gang and other criminal or disorderly activity such as spontaneous crowd gatherings. Social media can also be use as a direct communication to the community. For example, The Boston Police Department (BPD) has long embraced both community policing and the use of social media. The department put its experience to good and highly visible use in April 2013 during the rapidly developing investigation that followed the deadly explosion of two bombs at the finish line of the Boston Marathon. The BPD successfully used Twitter to keep the public informed about the status of the investigation, to calm nerves and request assistance, to correct mistaken information reported by the press, and to ask for public restraint in the tweeting of information from police scanners. This demonstrated the level of trust and interaction that a department and a community can attain online. Citing this example, the taskforce recommended the Federal Government support the development and delivery of training to help law enforcement agencies learn, acquire, and implement technology tools and tactics that are consistent with the best practices of 21st century policing. In addition, the report states “As part of national standards, the issue of technology’s impact on privacy concerns should be addressed in accordance with protections provided by constitutional law.” Another interesting taskforce recommendation was the increased use of “less than lethal” force, using conductive energy devices [e.g., Tasers]

Pillar 4 – Community Policing and Crime Reduction starts with a definition - Community policing is a philosophy that promotes organizational strategies that support the systematic use of partnerships and problem-solving techniques to proactively address the immediate conditions that give rise to public safety issues such as crime, social disorder, and fear of crime. It necessitates mutual trust and cooperation in order to be effective. In his testimony to the task force, Camden County, New Jersey, Police Chief J. Scott Thomson noted that community policing starts on the street corner, with respectful interaction between a police officer and a local resident, a discussion that need not be related to a criminal matter. In fact, it is important that not all interactions be based on emergency calls or crime investigations. Community policing requires the active building of positive relationships with members of the community—on an agency as well as on a personal basis.

With this definition in mind, the taskforce made multiple recommendations:

• Law enforcement agencies should consider adopting preferences for seeking “least harm” resolutions, such as diversion programs or warnings and citations in lieu of arrest for minor infractions.
• Law enforcement agencies should evaluate officers on their efforts to engage members of the community and the partnerships they build. Making this part of the performance evaluation process places an increased value on developing partnerships.
• Law enforcement agencies should evaluate their patrol deployment practices to allow sufficient time for patrol officers to participate in problem solving and community engagement activities.
• The U.S. Department of Justice and other public and private entities should support research into the factors that have led to dramatic successes in crime reduction in some communities through the infusion of non-discriminatory policing and to determine replicable factors that could be used to guide law enforcement agencies in other communities.
• Communities should look to involve peer support counselors as part of multidisciplinary teams when appropriate. Persons who have experienced the same trauma can provide both insight to the first responders and immediate support to individuals in crisis.
• Law enforcement agencies should develop programs that create opportunities for patrol officers to regularly interact with neighborhood residents, faith leaders, and business leaders.
• Law enforcement agencies should schedule regular forums and meetings where all community members can interact with police and help influence programs and policy
• In order to keep youth in school and to keep them from criminal and violent behavior, law enforcement agencies should work with schools to encourage the creation of alternatives to student suspensions and expulsion through restorative justice, diversion, counseling, and family interventions.
• Law enforcement agencies should work with schools to encourage the use of alternative strategies that involve youth in decision making, such as restorative justice, youth courts, and peer interventions.

Most of these are “common sense” recommendations, but are central to revising policing to become the guardians that will gain the respect of the community, reduce crime and improve the public reception of the profession.

Pillar 5 – Training and Education. A 21st century police officer must possess a vast array of skills and knowledge and so must receive extensive and ongoing training in specific disciplines. Police offers must have impeccable character traits and social skills. Because of the increased educational expectations, there must also be enhanced approaches in recruitment, hiring, evaluation and promotion processes. It is also important to hire officers who reflect the community they serve. This does not infer hiring should be based solely on race, but rather whether the candidate has the cultural competence, respect for diversity and ability to manage explicit and implicit bias.

The task force recommended the Federal Government should support the development of partnerships with training facilities across the country to promote consistent standards for high quality training and establish training innovation hubs. By ensuring curriculum is consistent and of high quality, police agencies large and small can receive the foundation needed to create a 21st century police force. The task force further suggested selected members of the community should be engaged in the training process. To ensure consistency, The U.S. Department of Justice should conduct research to develop and disseminate a toolkit on how law enforcement agencies and training programs can integrate community members into this training process. 

Pillar 6 – Officer Wellness & Safety. Let’s face, policing is a high stress profession. On any given day, police officers will encounter the worst of humanity. Every day, most have a thought that today could be their last day.

Law enforcement also faces challenges that aren’t related to their encounters with society’s criminal element. They also deal with poor nutrition, lack of exercise, sleep deprivation, depression and substance abuse. These issues are given little if any attention. Finally, a large number of police officers are killed or injured in motor vehicle accidents. The wellness and safety of law enforcement officers is critical not only to themselves, their colleagues, and their agencies but also to public safety. An officer whose capabilities, judgment, and behavior are adversely affected by poor physical or psychological health may not only be of little use to the community he or she serves but also a danger to it and to other officers. As task force member Tracey Meares observed, “Hurt people can hurt people.”

Another unfortunate aspect of policing is the rate of suicide. Police officers are 2.4 x’s more likely to die from suicide than homicide. In this pillar, the task force focused on resources that can provide solutions. They note physical injuries and death in the line of duty, while declining, are still too high. According to estimates of U.S. Bureau of Labor Statistics, more than 100,000 law enforcement professionals are injured in the line of duty each year. Many are the result of assaults, which underscores the need for body armor, but most are due to vehicular accidents. They recommend the U.S. Department of Justice, in partnership with the U.S. Department of Health and Human Services, should establish a task force to study mental health issues unique to officers and recommend tailored treatments.

It’s clear that policing in the 21st century requires significant change. As important as tactical training is, police officers must also receive behavior assessments that examine their attitude and interpersonal skills. We need the police, but just as important we need them to be guardians of the communities they serve. As long as change is not effectuated, we will continue to witness episodes of police abuse and misconduct that will lessen public perception and perpetuate distrust amongst minority citizens.