Protesters should direct their focus on changing the criminal justice laws.

August 5, 2023 at 3:08 pm | Posted in criminal justice, justice, justice system, law, law enforcement agencies, Police, police education & training, police force, police unions, protest, social justice system, The New York Times | 2 Comments
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A small group of civic-minded protesters gathered in front of the Oklahoma County jail recently and registered their protest of the District Attorney for her part in not charging six police officers in the death of three citizens. The protesters believed the decision to not charge any of the officers showed a disregard for the law and the lives of the dead citizens. The protest will produce no action relative to the District Attorney nor will it bring about any changes to the criminal justice system. The reason for any lack of action or change is because the District Attorney did not make the law and has no authority to change it. If the protesters want changes, they must go to the people that make the laws, not the ones that enforce or use the laws.

The law that provides the law enforcers the right to use deadly force against a citizen is part of the problem because it does not establish any parameters from which to judge the actions of the police. The statement that refers to officers in fear for their lives for any circumstances is open to interpretation, as well as the potential harm to others being harmed. Since police officers involved in any alleged criminal action are reviewed and judged by members of the criminal justice community, they usually get the benefit of the doubt regarding their actions, with the law and their training serving as justification. The concept of the Blue Line holds a lot of influence.

Although the protesters have a legitimate concern regarding the rights of the citizens, they need to seek changes in the laws and their interpretation relative to the treatment of the citizens. After all, the law states that a person is presumed innocent until proven guilty by a court of law. Unfortunately, because of the power and influence given to law enforcers, the rights of any citizen can be lost simply by a police officer stopping them. In addition, regarding the reason for the citizen being stopped, the officer can escalate the situation with no regard for the citizens’ fear for their lives based on the history of the treatment by some police videos relative to the citizens. The fact that videos show citizens running away from officers and being shot in the back or citizens showing empty hands and still being shot and killed can and probably does have an impact on the citizens’ behavior.

The desire to eliminate law enforcers is not a concern with respect to those wanting change in the criminal justice system, but the fact that members of law enforcement are treated as more valuable than any other citizen is apparent in the ways their deaths are handles by the media regardless of how the death occurred in the line of duty or not. In some instances, the tribute to the fallen officer goes on for weeks and outshines the death of some heads of state. The public realizes that officers put their lives on the line every day for the citizens, but more and more of their actions recorded on video indicate that they are more concerned with their own safety than that of the citizen. We certainly want the officers to be safe and avoid being in harm’s way, but being in harm’s way is part of the job they signed up to do. So, why glorify them for doing what they were hired to do?

The media treatment of the law enforcers in some communities shows them to be above the average citizen and viewed as a special group of select people treated with respect and honor far and above ordinary folk. The media often reminds the public of the anniversary of the death of some of the fallen officers to underscore the idea that their lives are more important than our because they were officers. We do not begrudge the recognition given officers, just the attempt to place them in a special category above the average individual. A 2017, article in the New York Times, by Blake Fleetwood noted that the police officers on the street can experience a life and death situation on a daily basis, but added that: “However, the misconception that police work is dangerous, propagated by the media and police unions, could become a self-fulfilling prophecy—especially if police believe that they are going into deadly battle when they head out on patrol.” He stated that “They are likely to be nervous and trigger-happy and might affect their decision-making in a stressful situation.”

Fleetwood continued to address the subject of the dangers of police work in the statement: “The fact is: being a policeman is not one of the most dangerous jobs you can have, according to statistic from the Bureau of Labor.” Some statistics showed that “In five years, 2008 to 2012, only one policeman was killed by a firearm in the line of duty in New York City. Police officers are many times more likely to commit suicide than be killed by a criminal.” Fleetwood, who taught Political Science at NYU, offered the advice that “If police want to protect themselves, a wise move might be to invest in psychiatric counseling rather than increased firepower.”

The protester questioning the criminal justice system question why citizens can be shot and killed by police when other reasonable approaches could have been taken. However, the law, apparently, does not hold the officers accountable for their actions if they feared for their lives or followed their training. For whatever reason, the idea of a law being inadequate, and training is not sufficient to meet the needs of the day seem to be absent from any consideration by law enforcement. Laws should reflect concern for the citizens’ lives and not leave the consequences of police action resulting in death to interpretations by members of the law enforcement establishment.

If the protesters want to see changes in the criminal justice system, they should get together with their lawmakers, other concerned representatives and citizens and work on making the changes they want to see.

Law enforcement culture is a cult or what

September 5, 2022 at 7:15 pm | Posted in African American, American history, Bigotry in America, criminal activity, criminal justice, discrimination, entitlements, equality, Ethnicity in America, European Americans, jail & prison overcrowding, justice, law enforcement agencies, non-violent crimes, Norm Stamper, police education & training, police force, police unions, political power, political pressure, public education, social conditioning, social justice system | 3 Comments
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Usually when we hear the word cult, we think of some religious group with a charismatic leader that control the entire religion. All cults are not religious or have a religious leader: “A cult is a group or movement held together by a shared commitment to a charismatic leader or ideology. It has a belief system that has the answers to all of life’s questions and offers a special solution to be gained only by following the leader’s rules. It requires a high level of commitment from at least some of the members.” (www.tennessean.com) The fact that a cult requires a high level of commitment from its members and embraces a particular ideology invites comparison of the Law enforcement culture to that of a political cult.

Recently, in Oklahoma City a Sheriff’s Deputy was killed when he and his partner tried to serve an eviction notice to the resident. His partner was wounded but survived his injury. Generally, the news media would treat a shooting incident a part of the regular news offering, but because the individual killed was a law enforcer the public had to be informed of the great, extraordinary loss to society. The loss of any human life is a tragedy and not to be taken lightly. The decision to pay respect and honor to the fallen person is expected and conducted appropriately. However, when the fallen happens to be a member of Law Enforcement something different takes place and characteristics of a cult begin to manifest themselves.

Before we look at some of the cult characteristics associated with Law Enforcement, we need to understand what the American public has been conditioned to accept about police. A propaganda campaign has been invented to present the law enforcer as an extraordinary person. The public is conditioned to see an officer as a guardian whose life is dedicated to protecting and serving them. Officers are given the right to kill a human being and receive limited impunity; they are given the benefit of doubt in their verbal and written reports because of the public trust given them. Because they risk their lives daily their lives are viewed as being more valuable than the ordinary citizen. They have a working relationship with the District Attorneys, Prosecutors, courts, and Medical Examiners. Their personal records are generally not transparent or available to the public and are not passed along to future employees. They band together under the phrase “The Blue Line,” which serves as a shield of protection for them against any adversity.

Most citizens know about these qualities unique to law enforcers and, have little or no qualms with them. The problem that confronts the public presently is the fact that law enforcers continually exploit the trust and privileges given them. For decades citizens have been calling for reforms in law enforcement and criminal justice. Unfortunately, many of those calls have fallen on deaf ears. In an article, “Police don’t produce safety’: the Black feminist scholars fighting for abolition,” the author, Sam Levin, noted that these calls make national headlines after killings by law enforcers. The reforms usually involve the need for more police training, “more body cameras, more rules restricting lethal force.”

Levin indicated that “evidence has shown the widespread adoption of such reforms, after years of protest, has made no dent in the national death toll. US police continue to kill three people a day, with 2021 the deadliest year on record, making America a leader in law enforcement violence.” When questioned about the police failure to improve their performance record, the response always goes back to a lack of funding for more officers, more equipment, more training, higher salaries, and less restrictions that prevent them from doing their jobs. The facts show that the police are ineffective at doing their job of serving and protecting the public.

The characteristic of a cultural cult appears when any form of criticism against law enforcement or suggestion for improvement are presented. The FOP is adamant and fierce in its defense of its culture and almost all their officers. However, with the advent of the dash cam, body came, cell phone cam, and street cams as well as other technological advancements the public has begun to see another side of law enforcement culture. The creditability of law enforcers has come under more scrutiny since many of the written and oral reports have been discredited by videos. The trust that for years had been taken for granted is now questioned with good reason.

The protected treatment of the officers involved in an incident involving death, beatings, abuse, excessive force, brutality usually ignore facts not supporting the officers. Their actions are usually justified with the excuses of fearing for their lives, subject not following orders, subject resisting arrest, subject being aggressive, subject possibly endangering the lives of others, the officers need for more training and a host of others. The excuse of training is a frequently used one and seems to suggest that it excuses the lack of thinking, including common sense. The public might want the law enforcement orientation to include more education than training since training does not involve thinking, just reactions to prompts.

The phrase to protect and serve seems to reverse focus away from the public and onto the officers. The idea of protecting the Blue Line seems to be the most important concern for the enforcers, not the public.

Levin’s article underscores some interesting facts about police protection: “The longtime organizers argue that police don’t promote safety, pointing to the fact that the vast majority of policing has nothing to do with preventing violence. Less than 5% of the 10 million arrests each year are for incidents classified as “violent crime”. Police typically arrive after harm has occurred and solve 20-25% of “serious crimes”.

In addition, he added that “Research suggests there is no relationship between the number of police and crime rates, and that higher incarceration levels don’t correspond to reduced violence, yet 2 million people remain behind bars. Police have also systematically failed domestic violence and sexual assault survivors while perpetrating those offenses themselves or enabling the violence in prisons.”

The article also showed that “ Still, the US spends more than $100bn a year and rising on policing and $80bn on prisons and jails, which dominate local budgets and capture resources that could go to healthcare, housing, food and other community needs that prevent violence.”

Yet, when someone suggests improving or redirecting services performed by law enforcers, the defense is people are trying to destroy, dismantle, or desolve the police. The concept long held is that law enforcement is indispensable and anyone or anything that threatens it is an enemy of the force and the public. One way of showing the public the value of the police is represented in the public display of love, care, respect, and honor paid to a fallen officer. The large gathering of officers from all over the country to form lines accompanying the casket, the parade of vehicles, and motorcycles clearing the route to the cemetery, and the media coverage that last at time for two weeks after the death underscoring the value of the life of one officer all tell the same story—officers are not ordinary citizens. Is that culture a cult or what?

Transparency and accountability: two reasons for beginning at the stop

April 6, 2021 at 6:41 pm | Posted in African American, American Bigotry, American history, American Racism, black inferiority, blacks, Constitutional rights, criminal activity, criminal justice, discrimination, Disrespect, Ethnicity in America, European American, incarceration, jail & prison overcrowding, justice system, law enforcement agencies, Media and Race, minorities, police education & training, police force, public education, socioeconomics | 1 Comment
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In 1969, I was a journalist for a local CBS affiliate television and had just completed an assignment shortly after noon. As I was enroute back to the station, I received a call from the station that a possible house fire was in progress at a location they provided and asked if I would check on it. The location of the possible fire took me through residential neighborhoods, so I was careful to watch my speed I case there were children playing along the street. As I was making my way through this one neighborhood, I noticed a motorcycle officer parked down the block facing in my direction. I checked my speed again, and continued on my way. Just as I was about to pass him, he turned on his flasher lights and proceeded to pull me over. The car I was driving was clearly marked with the television station’s call letters and large CBS letters as well. I parked the car next to the curb, notified the station what was happening, and waited for the officer to approach. He dismounted from his motorcycle and came over to my car. He said that he stopped me because I was speeding; asked for my driver’s license and asked where I was going. I informed him that I was on my way to a possible house fire not too far from our present location. He wrote out a ticket, asked me to sign it, gave me a copy, and rode off.

When I arrived at the location of the fire, it was no longer an active fire and little damage had occurred, so I again notified the station that I was on my way to the station. Once I arrived at the station I took the occasion to look at the ticket the officer had given me. To my surprise, the ticket had my name and driver’s information, but identified me as “white” and “female.”No one on the planet would ever mistake me for a white female, so I knew something funny was going on. After I showed the ticket to my editor, I asked if the station would cover the cost, because I did not feel obligated to pay it with the false information. He disagreed with me and urged me to pay it, which I did under protest.

 The reason for this little trip down memory lane was to underscore the point made in my last blog relative to the stops, tickets, and arrests of people of color. My brother, Jim, agreed with my assessment of the problem and suggested a way to collect accurate data concerning who, when, where, and why the stops are made. He noted, “I think the answer may lie in technology. Cruiser cams can now scan and record a license plate while detecting speed, direction, and location panoramically. More importantly the camera isn’t biased. Let the technology determine ‘probable cause.’” The data collected via the Cruiser cam can provide the information necessary to discover where and what kind of attention is needed to correct problems.

The reason for focusing on the stop is because it provides the best opportunity for a comprehensive assessment of three primary areas relative to law enforcement and officers: training, knowledge of the law, and cultural awareness, including implicit biases. With the data from the cam discernments of officer and citizen actions can be made and verified. The in reputation of the actions, however, should be the work of independent, but legally informed, citizen groups or committees. Caution is necessary to prevent preferences for either officer or citizen.

Officer training can be ascertained from the collected data that reveals whether the officer’s actions are related to the mantra “to protect and serve,” or intent to “intimidate and coerce,” the citizen. He data will also indicate the officer’s action to control the situation and manage it reasonably or if the officer’s action serves to escalate and disrupt an orderly exchange. Transparency is important and necessary in order to protect the rights of all concerned, so if the data indicate that more work should go into the training of the officers, there should be no confusion or conflict concerning the issues.

Knowledge of the law is a part of an officer’s preparation for service and includes the rights of the officer and citizen as well. With the data recorded from the Cruiser cam, provided the sound is activated, any problem regarding the knowledge of the law should become apparent to any observer. Knowledge of the law is required of the officer and should dictate how each stop is managed. Citizens are encouraged to know the law, but their knowledge is generally limited in many cases. In some case, however, a citizen can posses an extensive knowledge of his or her rights and privileges. Data will show officers’ actions when confronted with citizens exercising their legal rights relative to being stopped. The data will show what needs to be done in the training and preparation of officers before they are graduated from the academy or program.

Probably the most important element of the stop is the officer’s knowledge of the culture they are to protect and serve. No amount of training can prepare an officer to acknowledge and address long-held cultural and ethnic biases; that revelation must come from education. No one in society escapes the conditioning of biases that come from living in a society that knows bigotry as one of its fabrics. In order for officers to be prepared to serve any community, they must first acknowledge and address their own personal biases in order to replace them with a concern for the well-being of all human beings. If individuals are unable or unwilling to make this transition, they should not be acceptable as candidates for law enforcement. The data from the cam should provide information relative to an officer’s conduct involving individuals of ethnic identities. Based on the officer’s conduct, actions regarding education or more education relative to cultural bias are required.

While the focus of this discussion has been on the officers involved in the stops, the ultimate responsibility for effect preparation of officers’ training, knowledge of the law, and cultural awareness, rest at the top. no�S3�_�

7Chris Lehman, James Lehman and 5 others3 Comments1 ShareLikeCommentShare

Paul R. Lehman, We can begin at stop

March 19, 2021 at 3:13 pm | Posted in African American, American Bigotry, American history, American Racism, Bigotry in America, blacks, criminal activity, criminal justice, discrimination, Disrespect, education, ethnic stereotypes, Ethnicity in America, European Americans, fairness, incarceration, interpretations, jail & prison overcrowding, justice, justice system, language, law, Media and Race, Police, police education & training, police force, Prejudice, social conditioning, social justice system | 4 Comments
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Several years ago a number of local police chiefs from the surrounding metropolitan area got together and held a public forum. The forum was held in a predominately African American community in a local church’s auditorium. Each police chief was introduced by the moderator, also a police chief, and given an opportunity to share information about how his department was addressing community relations, the various programs and projects they were administering. After each chief had spoken, the audience was invited to share their concerns and experiences relative to law enforcement. A long line was formed in the auditorium and one by one each individual related his or her concerns. When the line had shortened to the last two individuals, I decided to bring up the rear, and joined the line.

When my turn to speak arrived, I addressed a question to the entire group of chiefs. My question was what programs or activities are you conducting to educate your officers to treat me as a member of the community and a human being? I said my reason for asking the question was due to the fact that each time I or any person of color is stopped, we automatically lose all our rights and privileges because we are generally viewed as suspects, thugs, or criminals and treated as such. Anything we might say is ignored except in response to an officer’s request or command; any movement, remark, gesture is interpreted as disrespectful, threatening, or fearful. We are totally at the mercy of the officer.

All of the chiefs in turn tried to discredit my remarks saying that their officer training does not include that type of behavior and that there were no problems in their departments. Their remarks continued until the moderator stopped them and admitted that I had a legitimate concern. The general response from the chiefs was that they would look into the problem. When the forum ended everyone in the audience went their separate ways most knowing that nothing in the criminal justice would change because of this program.

The fact that bigotry is a part of the American fabric and is maintained systematically is well known. What else is true is the knowledge that no one segment with problems of bigotry can be addressed without affecting other segments. That is why trying to rid bigotry in any one segment of society fails. Nevertheless, corrective changes can be made in some segments that might have a positive impact on other tangential parts. The usual question asked is where do we start? With respect to the criminal justice system, my answer is start with the stop. Permit me a hypothetical example.

In a small community of approximately one-hundred-thousand residents, twelve percent of that population is people of color. According to recorded police data, forty percent of the stops, tickets, and arrests fall in the people of color community. So, according to the data twelve percent of the population commits forty percent of the crimes. How does that happen? If we check the police date relative to the calls to the police and 911 services from the people of color community, we find the total number less than four percent. So, how does forty percent adequately reflect crime in the community?

One answer is the designation of the community where people of color live as a high crime area. Well, how does it get to be a high crime area? The data collected and reported by the officers are derived from the stops, tickets, and arrests made by the officers, but that data does not support a designation of a high crime area. So, what happens? The high crime designation is a manufactured one that allows the police force to send more men to patrol that area. When we check the data from the officers, we discover that most of the stops are for minor offenses that do not involve more than a fine. However, when we check the data for reasons for arrest, we discover that the reasons for the stop are not the same for the arrest. The numbers tell the story that when a small segment of the community is patrolled frequently by officers, stops, tickets, and arrests will result. Why? Officers are not generally rewarded on their record of protecting and serving the community as one would think; they are rewarded on the basis of the number of stops, tickets, and arrest that are made. Communities of color are generally low socio-economic areas, so officers are not usually concerned with legal challenges to their actions which can serve as an incentive to develop more data.

The above example is hypothetical, but for evidence of the real thing is action, one needs look no further than Ferguson, Missouri. Rather than parade a litany of stats about Ferguson, lets us look at the point in question. Why are people of color stopped, ticketed, and arrested more than any other American citizens? The answer is systemic bigotry in the criminal justice system, and it all starts when an individual of color is stopped. We know from studies, books, and reports that a disconnection exists between law enforcement and people of color, but not necessarily of the peoples’ making. More than enough videos exist to underscore the attitude and behavior of officers involved with people of color and how thing escalate from a minor infraction to an arrest. If we want to try and correct the disparity between the data and the population, then we must begin with the stop.

No one answer will fit all the problems, but developing data from each officer’s stop focusing on who, when, where, why would be a good starting place. Another concern about how areas become designated as high or low crime area based on independent data, not officer generated data. The number of calls into the police department and 911services from the community of color should be relatively easy to collect and record. We know that entry into the criminal justice system begins with a stop. Let us work to make certain that those stops are based on law, not bias.

Paul R. Lehman,The FOP representative’s comments underscore the reasons for community criticism of law enforcement

December 2, 2020 at 1:59 pm | Posted in American history, Community relationships, criminal justice, democracy, education, justice system, language, law enforcement agencies, Norm Stamper, Oklahoma, Police, police education & training, police force, police unions, political power, political pressure, political tactic, protest, public education, reforms, social conditioning, social justice system, socioeconomics, The Oklahoman | 6 Comments
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A recent article in The Oklahoman (11/29/2020) featured comments by the Vice President of the Fraternal Order of the Police (FOP) relative to the shooting of a teen by police officers. The officer’s comments underscore the reasons why relations with some of the citizenry and law enforcement are not congenial. Let us first establish that some of the most important and influential persons in any law enforcement organization are the heads of the FOP. Although these leaders are not elected or appointed by the citizens, they wield enough power to influence major decisions regarding law enforcement in their communities. The only responsibility the FOP has is to its organization, its leaders, and the officers it represent; the citizens have no say-so in the affairs of this organization except through the contract signed and approved by the local city government. The FOP is funded primarily through the dues paid by the officers in the organization, officers paid by the city for which they work. Consequently, the citizens fund the FOP, but have no control or influence in how they conduct their union business except via contract.

One reason friction exists between law enforcement and segments of the community are due to the polarization deliberately established by law enforcement that promotes an air of supreme sacrifice by officers above and beyond any other citizen:”Our brave officers leave their families behind and walk into dangerous situations every day to protect and serve this community.”Officers are not the only ones who experience that danger on a daily bases, so why single them out for special praise? The answer is that any criticism directed at errors and misdeeds committed by officers can be overlooked because they place themselves in harms way for the citizens.

The problem with the statement “to protect and serve the community” is often interpreted as directed towards the community of officers, not the citizens. Generally, when officers are confronted with situations that could be handles with diplomacy, for example dealing with someone who has a mental problem or a drug problem, they instead rely on their training which involves brut force or violence: “Officers often provide commands in tense moments to ensure the safety of all individuals involved.” All individuals in most cases mean officers, not suspects. Rather than attempting to grasp the nature of the situation, officers are evidently trained to ignore any defenseless actions of a suspect in order to protect themselves. Any feeling of a threat to an officer’s life, real or imagined calls for violent or deadly force: “Police training and experience tells us furtive movements and a lack of following commands present[s] a deadly threat.”The lives of citizens are not as valuable as those of the officers seem to be the implication of the statement.

The earlier reference to the polarization of law enforcement to the public takes the form of an US verses THEM, in that everyone that agrees with law enforcement regardless of questionable actions or events can be counted as being with US, the good people. Everybody else can be viewed as THEM or the enemy. This polarization comes into play whenever someone questions the action or lack of action by law enforcement in situations where the public can view for themselves what happened. In this incident of the shooting of the teen, the officer said he was “alarmed” by the criticism of people who “continue to vilify law enforcement, disregard facts and jump to conclusions.”One wonders why the officer is not alarmed by what is seen in the video. Again, the public is never supposed to question or criticize the actions or lack of actions by law enforcement or they, the questioner or citizen, becomes the enemy of all policing. One cannot improve a system if the errors and defects are never recognized and corrected.

The polarizing becomes more apparent when the officer of the FOP literally indicts anyone and all who dare to find any fault in law enforcement: “They would rather stand with those who murder, rob and threaten our society than those tasked with keeping this community safe.”The statement suggests that the community is under constant attack by criminals and constitute a war zone, unsafe for the citizens unless the police force is there to offer protection. Nonetheless, the FOP maintains that “We will not remain silent and encourage others to condemn their inflammatory rhetoric.” Evidently, for the FOP, constructive criticism become inflammatory rhetoric any time someone finds a reason to ask a question or make a statement contrary to the philosophy of the law enforcers beliefs and behaviors.

In truth, no one is suggesting the demise of law enforcement or that the need to protect and serve the citizenry is not needed or wanted, but if the system is not meeting the needs of the community, then changes must be in the order of business. Problems occur when law enforcement believes that they have no problems or resent the citizenry pointing them out. Citizens should not have to live in an US verses THEM society with law enforcers they support.

Since the George Floyd murder earlier this year, concerned citizens have taken to the streets and protested what they perceive as injustice in the criminal justice system. They seek to correct the system to meet the demands of the day. Unfortunately, the training given law enforcers is not adequate to meet those demands. Actually, all of law enforcement needs more education relative to civil government and cultural bias. However, any suggestion for change in the system is viewed by the system as a threat, which it is not. One problem the protesters experience is a lack of cooperation from law enforcement because they are protected by the FOP. Rather than confronting law enforcers, police, chiefs, protester should gather at city hall and direct their concerns to their representatives. The police work for the city; the city is run by its governing body and mayor; the representatives to the governing body are elected by the people. If changes in the law enforcement system are to be made then the citizens should approach their representatives and voice their concerns.

When protesters voice concerns to law enforcement leaders anticipating acknowledgement and actions from those concerns, little to nothing will be done because the protesters have no power or leverage to help influence law enforcement. However, if they approach their city government with these concerns then they can expect some action or they can replace their representatives. One concern should be about the city’s contract with the FOP and the nature of its influence on the law enforcement leaders. While the FOP has a legitimate right to exist, its efforts should be to unite the community rather than polarize it. �t��?Ww?�

Paul R. Lehman,Breonna Taylor and Equal justice under the law: What is it good for?

September 24, 2020 at 12:44 am | Posted in African American, American Bigotry, American Dream, American history, Bible, blacks, Constitutional rights, criminal activity, criminal justice, discrimination, equality, Ethnicity in America, European Americans, fairness, incarceration, justice, justice system, language, law, law enforcement agencies, mass incarceration, Oklahoma, police education & training, police force, police unions, race, racism, respect, social conditioning, social justice system, Tulsa, whites | 1 Comment
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In 1969, Edwin Starr recorded a popular song that still resonates with us today. The song asked and answered an important question: “War, what is it good for? Absolutely nothing.” The significant phrase in the question is what is war “good for,” and forces us to place a value on the loss of life and justifying its loss. The answer “absolutely nothing,” can also be the appropriate response to the question what is “equal justice under the law” good for? The phrase is a very popular and often used one when it pertains to the law enforcement establishment. More often than not the phrase is used to protect someone in law enforcement that has been accused of a crime and the system wants to justify the results of the finding by the court, judge, jury or grand jury. Under close examination we discover that the phrase “equal justice under law” is an oxymoron and simply sounds appropriate to a purpose.
The first word in the phrase is “equal” and a mathematics or arithmetic term that deals with fixed elements like numbers. When the word is used relative to human beings, it loses its fitness because no two individuals are or can be equal. Using the term equal suggests that somehow a fixed assessment can be associated with human beings. Unfortunate, that is not the case. For example, in a family of four, the mother, father, and one girl and one boy. The parents can in no way treat them equally simply because one is a male the other female. Their individual needs and wants are different. To treat the equally would mean that every time the girl get a new dress, her brother would receive the same dress or whenever the boy got a new suit, his sister would also receive a new suit. The best human being can hope for is fairness, because equality is impossible. Too often we hear that the law treats everybody equally, but all one has to do is look at the facts of people incarcerated to disprove that statement. We know for a fact that the state of Oklahoma incarcerates more females than any other state in America. Would the females incarcerated in Oklahoma be treated equally in other states? We cannot answer that question because equal has no fixed definition.
The term “justice” is as elusive as equal when one attempts to associate a fixed definition to its applications. Justice in one state is not the same justice in all the other states. Take, for example, the use of marijuana and the fact that in some states it is legal while in other states people go to prison for mere possession. The word justice is often used as an excuse or justification for a questionable action that challenges common sense and logic. For example, many juries and grand juries find that police officers are justified in shooting and killing unarmed individuals, especially people of color when videos and eyewitnesses reveal the contrary. The local criminal justice authorities in Louisville, Kentucky determined that only one of the officers that fired more than twenty rounds into Breonna Taylor’s apartment where she was struck numerous times and died was found to have committed a crime, and that crime had nothing to do with Breonna. So, one wonders just what does justice means when it defies logic and common knowledge?
The last phrase, “under the law,” is closely associated with the word justice in that too many questions are left unanswered relative to the law. In my childhood days when an argument presented a challenge to any one of use we could always win the argument by using the phrase “it’s in the Bible.” In other words, because it was in the Bible, it was the law and the final word. Unfortunately, throughout the history of America the law has been used to control, discriminate, punish, abuse and kill its citizens, especially those of color. More often than not, we are conditioned to accept the laws with the understanding that they will be administered fairly. One has to ask the question how can equal justice under the law be available when the people who have the responsibility to uphold the law also use their own judgment to determine what laws to apply? The attorney general in Louisville commented that the officers who fired the more than twenty shots at Taylor could not be charged with murder because there was no law that applied to their actions. So, does that mean that somehow no one can be held accountable for the death of Breonna? The actions of the officers firing their weapons were said to be justified because Taylor’s boyfriend, Kenneth Walker, fired the first shot, so the officers had a right to protect themselves. The fact remains that Breonna is dead and her death was the result of bullets shot into her body. The criminal justice agency of Louisville has yet to mention the death or cause of Breonna’s death as though it did not happen.
Facts and the truth are usually the elements that form the basis of most legal decisions, but sometime they seem to get in the way of the law. The police officer, Betty Shelby, who shot Terence Crutcher in the back while he was unarmed with both hands held above his head some ten feet or more in front of her was acquitted of a crime under the law. She later was allowed by Tulsa officials to teach a class in how officers can avoid charges when they shoot someone and what to do when they are bothered by anti-police groups. When the family of Crutcher complained to the law enforcement agency about Shelby teaching the class, they were ignored.
The case of Breonna Taylor seems to underscore the lack of meaning for the phrase “equal protection under the law” except when it involves a member of law enforcement. Then, it appears that the phrase is used to protect only those whose job it is to serve and protect others. So, when it comes to citizens of color, the phrase is good for absolutely nothing.

Paul R. Lehman, The safety and well-being of African American males and all people of color are a constant concern

April 17, 2020 at 4:18 pm | Posted in African American, American Bigotry, American history, amygdala, anglo saxons, Bigotry in America, black inferiority, blacks, Civil Right's Act 1964, Civil Rights Ats, Constitutional rights, criminal justice, discrimination, Disrespect, equality, Ethnicity in America, European Americans, fairness, incarceration, justice, justice system, law enforcement agencies, minorities, Police, police education & training, police force, Race in America, racism, respect, skin color, skin complexion, social conditioning, social justice system, The New York Times, white supremacy, whites | 4 Comments
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African American men specifically and men of color in general, put their lives on the line every day when they walk outside of their residence or simply appear in public. For the people that are not of color in America, this statement might seem somewhat amusing or offered in jest. On the contrary, the statement is not an opinion, but a fact. The reason for this experience comes directly from the social conditioning of European Americans generally and law enforcement agents specifically. Society and by extension, the governments, local, state, and national have given the law enforcers the power to exercise total control of its citizens without fear of reprisal; that is, they have no fear of repercussions for their actions against citizens. The attitude and action of many of these law enforcers seem to be that people of color have no rights that the officers should respect. For the people of color, once they are stopped by officers, they lose all their rights and privileges while the officers exert total control over the individuals.
The criminal justice system works in favor of the officer, not the citizens of color because the word of the officer is taken over that of the citizens. Historically, the relationship between the African American community and the European American one has been one of dominance and control by law enforcement. According to Danielle Sered, “The racially inequitable legacy of policing stretches back to the formation of this nation, and police have not only failed to protect communities of color from harm, but they have enacted enormous levels of harm.” She continued by noting that “This [harm] is not simply or most importantly about individual police officers, many of whom have the best intentions and even behavior in their work. It is about an institution with a history of enabling and enforcing the worst disparities in our country’s history.” More specifically, she added that “It is about officers who returned escaped people to the plantations they were fleeing, officers who publicly announced the times of lynchings to be carried out in the backyards of their own precincts, officers who drove black residents out of neighborhoods where they had bought homes,” and finally, “officers who continue to arrest, assault, and shoot black people at glaringly disproportionate rates.” So the question of trust in the criminal justice system has never been one that people of color readily embraced.
Americans have been socially conditioned to fear African Americans generally, but especially one with whom they are not familiar. According to one source, new scientific research provides some data into how African American men are perceived: “When people see black men they don’t know, they have a physical response that is different from their response to other people. Their blood pressure goes up and they sweat more. When a white person sees an unfamiliar black male face, the amygdala, the part of the brain that processes fear, activates.” (American Values Institute, March 2013) When European Americans join the criminal justice system they do not leave their fear of African American males at home, but bring them to their workplace. This fear might explain why many European American law enforcers become excited and aggressive when engaging with an African American male.
Fortunately for the Law enforcement agents, their actions against people of color are not often questioned, so the fear of having to suffer any consequences for their unreasonable treatment of people of color is not usually scrutinized. The public record of their actions speaks for itself and supports the fact that officers are not held to the same standard of behavior as other citizens. So, they often misuse and abuse the power granted them by the system. A recent incident underscores the power given to law enforcers who are free to profile, stop, and detain men of color without offering any reasons for their actions. A recent New York Times article noted that an African American man wearing a protective mask and working outside near a white van when a Miami police officer drives up next to this man. Next, “The officer steps out of his squad car. Words are exchanged. Then the officer handcuffs and detains the man, Dr. Armen Henderson, who was recently featured in a Miami Herald article about volunteers who provide free coronavirus testing for homeless people in downtown Miami.”Rather than seeking information from the doctor regarding his actions, the officer ignored the doctor’s informing him of who he was and what he was doing. The doctor did not have any identification on him and would have been taken away had he not called for his wife who came out of their home and confronted the officer. Once the officer realized that he had made a mistake, he removed the handcuffs from the doctor and left the scene without any word of his actions or an apology.
What this incident shows is the vulnerability of African American males to the justice system that ignores everything but skin color in administering their control. The fact that Henderson is a doctor, a volunteer risking his life in helping to fight the coronavirus or the fact that he was working in front of his home wearing a protective mask made no difference to the officer who did not take the time to inquire about or grasp the nature of Henderson’s presence at that location. One wonders what kind of education the officer received at the academy regarding the treatment of citizens.
If society can benefit from this crisis of the coronavirus it should be in the fact that to the virus we are all one. The virus does not discriminate on the bases of ethnicity, age, economic or educational status, social position, religion or health. We, hopefully, understand that by working together even though we are sometimes put in harm’s way, that our combined efforts and sacrifice will help us to finally successfully control and manage this crisis thereby contributing to our mutual survival. We must learn that our strength is our unity.

Paul R. Lehman, Addressing the problem of Jail and Prison overcrowding should begin with examining the police Officers

June 17, 2019 at 11:59 pm | Posted in African American, American Bigotry, Arizona, Bigotry in America, blacks, criminal justice, discrimination, equality, Ethnicity in America, European Americans, fairness, justice, justice system, law enforcement agencies, Police, police education & training, police force, Prejudice, Race in America, respect, skin color, skin complexion, social justice system, whites | 2 Comments
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Another in the continuing series of videos involving police officers and their actions relative to African Americans and other people of color show police officers in Arizona assaulting a young African American family. We have heard the excuse that these officers represent only a few “bad apples” and should not be seen as representing all police officers, but the frequency of occurrences and the lack of reactions from the “good ones” lead us to recognize that bigotry is part of the culture of law enforcement in America. If the criminal justice system is to be examined for the numerous problems related to community relations and the incarceration of people of color, then the examination should begin with the police officers, the police unions, and the local court systems.

When we look at the videos of police officers interacting with people of color one of the first things we notice is a lack of respect given to a fellow human being. The language and tone of voice is usually laced with profanity and bellowed or shouted at the citizens. In many cases orders are issued to the citizens so quickly and inconsistently that the citizen cannot comply in a reasonable and timely manner. When citizens ask questions as to why they were stopped or being detained or arrested, the police usually ignore them and disregard anything they might say. Rarely do we see on these videos officers speaking to citizens of color in a calm, civil and respectful manner, the opposite is generally the rule.

Another element of the videos that calls attention to the police officers is their physical demeanor and body language when engaging with an African American or person of color. Their initial contact with the citizen is one that assumes guilt, and the posture suggests high emotional tension, fear, and general uneasiness similar to that of a combat zone. Any physical contact between the citizen and the officer is usually instigated by the officer. The citizens are generally treated as though they are wild animals that need to be restrained because they are very dangerous and vicious.

Another element the videos show is the number of police officers participating in an incident that could have been resolved by one officer asking a few simple questions and getting an assessment of the situation. The recent video of the young African American family in Phoenix, Arizona that was harassed by local police is a prime example of unnecessary escalation of negative action: https://www.youtube.com/watch?v=TaqjO5cWJeo the actions of the police were so outrageous that the mayor of Phoenix issued an apology for the city and promised to have this incident investigated. Had it not been for the alert and timely action of a bystander who captured the action on camera, the case would have been the word of the citizens against that of the police. We know the history of how many police reports do not coincide with the videos and create doubt in what officer’s report.

After calling attention to the language, demeanor, and physical actions of police in general, one has to wonder about the education and training would-be-officers receive and the continued training officers are required to receive. A common excuse given by officers or their supervisors regarding accusations of excessive force or physical abuse is that they were simply following training procedures. When officers show general disrespect for citizens of color in their use of language and their excessive physical force in their dealings with them, one has to wonder about the education and training they receive from the academy or source of training. When and where are they taught to treat each human being with dignity respect regardless of their skin complexion or social and economic status?

The young father from the Phoenix video mentioned that he had been teaching his five-year-old daughter to respect the police because their job is to protect and ensure safety. However, after her experience with officers point a gun in her face along with those of her mother and father, he would have a difficult time getting her to believe that the police are our friends.

Focusing on the negative and outrageous actions of some police officers are not meant to cast aspersion on all police officer, but to underscore that regardless of the complaints and claims against the police regarding their experience with the communities of color, little to nothing has changed. The lack of any significant change can be attributed in part to the Police unions because of their power and prestige within city government. The union has worked hard to foster the idea of the police officers being extraordinary because they put their life on the line supposedly for the citizens. If law enforcement is viewed as a profession, then many other professions involve individuals putting their lives on the line every day as well, but they are not viewed as extraordinary as law enforcement. Why? The unions have a lot to do with this image because it supports and empowers them. Some mayors in cities across the nation are subjected to the power and influence of the police unions in how the police departments are operated.

So, if the many civic groups and organizations working to address the many problems concerning jail over-crowding and excessive incarcerations in the prisons, then the first place to seek redress is with the element in the criminal justice system responsible for supplying the individual to the system. Attention should be given education, experience, the background of the individuals that want to serve as law enforcers. In addition, education and training are both important requirements of law enforces with education receiving equal or more attention to those who want to serve and protect the community. We have to stop the supply of individuals to the jails and prisons if we want to have any impact on the problem of over-crowding.

For all intent and purposes, controlling the supply pipeline to the jails and prison are essential to addressing any of the other problems with reference to correcting the criminal justice system. Once a citizen is arrested a whole new set of problems come into play—the court system.

Paul R. Lehman, Correcting problems in the Criminal Justice System begins at the top

March 19, 2019 at 3:07 pm | Posted in African American, American Bigotry, American history, American Racism, Bigotry in America, blacks, criminal justice, Department of Justice, desegregation, education, entitlements, equality, ethnic stereotypes, Ethnicity in America, European American, European Americans, fairness, integregation, justice, justice system, law, law enforcement agencies, mass incarceration, Media and Race, Michelle Alexander, minorities, Oklahoma, police force, Prejudice, President Obama, race, racism, reforms, respect, segregation, skin color, skin complexion, social justice system, socioeconomics, white supremacy, whites | 1 Comment
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The announcement made recently about the decision to not charge the police officers who killed Terence Crutcher and Stephon Clark might have come as a surprise to some but was expected by others because of the history of criminal justice relative to African Americans and other people of color. The decisions to not charge the officers could have been easily made by someone blind and brain-dead. When Eric Holder served as Attorney General, he along with then President Obama made attempts to challenge law enforcement to change the practices, policies, behavior, and laws that discriminate against African Americans in particular and about all people in general. Since that time, many changes relative to criminal justice have been addressed in many locations throughout the United States. The focus of these changes and challenges varies from excessive fines for people who cannot pay them to redefining sentences of people of color whose only serious offense was the color of their skin. Once they get caught up in the maze of the criminal justice system, their lives are completely and forever negatively altered.

Oklahoma leads America, and in some instances, the world in incarceration especially of women. Efforts by many civic groups are working to reduce the numbers. Some of the efforts have been successful via bills the public supported and approved. While all the efforts of groups like the ACLU and others in addressing the problems in the criminal justice system, they have not yet focused on the primary problem of the system—the biased culture within the criminal justice system beginning with law enforcement and including the courts as well as officers of the court. That is, rather than focusing on the cause of the problems attendant to citizens who have been arrested, the majority of the efforts by interested and involved groups are on the problem of those incarcerated. In order to correct the many problems in the criminal justice system, we must look first at where the system begins—what puts the wheels in motion.

What determines the attitudes and actions of the law enforcers from the small towns to the large metropolises begins with the mayors, the councils and courts. They are the ones who make the laws and create the climate and culture that informs the police and other law enforcers. If change is to come to the criminal justice system in American then it must begin with those who administer the programs that represent the criminal justice system. Having the administrators and city or town council members undergo diversity training is generally a waste of time and money because that training does not address the issue of ethnic bigotry that is a part of the everyday cultural climate. We know this biased culture exists from the plethora of incidents that occur and are shown daily on social media. These incidents occur in spite of the diversity training these administrators, council members and court officers have received. We know this ethnic bias exists from the numerous police officers that have suffered no legal repercussion from having shot and killed a person of color.

One thing that needs to happen in order to make the criminal justice system applicable to all citizens is to educate the top administrators, council members and court judges and other officers to what democracy looks like from a perspective that recognizes the bias that presently exists and how they are implicated in the culture and climate that promotes, support, and maintains it. The fact that the majority of people incarcerated are people of color seemingly represents no call for action or consequence. The fact is that the number of people of color is adjudicated differently and more harshly than European American citizens seem to be viewed as acceptable represents a big problem that begs for attention and correction. However, if the people who administer and are the caretakers of the system of criminal justice are fine with the status quo then something needs to be done to alert them to the injustice they are delivering to American citizens who happen to be people of color.

If the problems of bigotry and injustice in the criminal justice system today are promoted, supported, and maintained through ignorance, then education, not training should help in remedying some of the problems. Other avenues of approach would be removal from office via election or for some judges, impeachment. The citizens should be made aware of the amount of money they pay out to citizens that receive judgments from the civil courts for the misconduct of police and other law enforcement officers. One would think that the officers found guilty in civil court should shoulder some of the monetary responsibility as well as the unions that support and represent these officers. That way the citizens would not have to bear the entire expense for the officers’ actions.

The American system of criminal justice is generally a good system when it is administered in a democratic and fair way; however, when ethnic and cultural biases are represented in the outcome negatively affecting people of color, then corrective action must be taken. Again, the actions of the many concerned groups addressing the problems that focus on incarceration are welcomed and, indeed, applauded and encouraged, but their efforts are focused on the citizens that are already incarcerated and part of the system. In order to impact positively the system of criminal justice, the focus must be at the beginning. Michelle Alexander noted in her work, The New Jim Crow, that “A study sponsored by the U.S. Justice Department and several of the nation’s leading foundations, published in 2007, found that the impact of the biased treatment is magnified with each additional step into the criminal justice system.” The evidence is clear.

The biased treatment of people of color in the criminal justice system is due to unconscious and conscious ethnic bigotry that infects the decision-making process of those entrusted with those powers. In order for the system of criminal justice to be fairly administered, those biases must be addressed at the beginning before the arrest is made. So, now that we know where to begin, if we are not part of the solution, then we are the problem.

Paul R Lehman, BBC News report shows some American police unable to serve the mentally ill

October 27, 2018 at 2:16 pm | Posted in Community relationships, Constitutional rights, criminal activity, Disrespect, education, equality, European American, justice, language, life, Oklahoma, police force, respect, social justice system, tolerance | 1 Comment
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In early October, the BBC News aired a show entitled “Don’t Shoot, I’m disabled” with journalist Aleem Maqbool that featured police officers and other law enforcement representatives. Whatever the show’s objective was, the results underscored the ignorance, insensitivity, and irrationality of law enforcement in three specific American cities: Milwaukee, Frederick County, and Oklahoma City.

In the first incident, we learn that three West Milwaukee police officers broke into the home of 22-year-old Adam Trammell where they found “him naked and  bewildered standing in his bathtub as water from the shower ran down his body.” The police presence at Adam’s home was due to a neighbor calling 911 and reporting that she had seen Adam, whom she called Brandon, walking naked in the corridor, talking about the devil. Adam’s father, Larry Trammell, said that Adam often experienced delusions and hallucinations. He noted that taking a shower helped Adam calm down when he felt ill-at-ease. When the police tried to confront Adam, they saw that he was not armed nor was he acting in a threatening manner. However, he did not respond to their commands to leave the shower. They referred to him as Brandon, not Adam.

At this point, most reasonable people would process the information they had about this situation and realize that Adam did not respond to the officers’ command because he was not in a normal frame of mind. For the officers to proceed in a manner they viewed as normal when their commands were not followed showed ignorance. The events that followed underscore their lack of concern and compassion for a fellow human being: “The officers then fired their Tasers at him 15 times, administering long, painful electric shocks as he screamed and writhed in the bathtub. Then more officers arrived, and after dragging him, still naked, from his apartment, they held him down and he was injected with sedatives – midazolam at first, and then ketamine.”Shortly afterward Adam stopped breathing and was taken to a hospital where he was dead on arrival. All of the police action was captured on an officer-worn camera on May 25, 2017.

After Adam’s death, the police said that they broke into Adam’s home to help him and that their actions towards him were to restrain him and get him medical help. Nothing coming near rational thinking on their part could be ascertained from the video. To add insult to injury Milwaukee’s District Attorney John Chisholm went so far as to rule that “there was no basis to conclusively link Mr. Trammell’s death to the actions taken by the police officers.” No media attention was made of this story and no officers faced prosecution.

In another case, a 26-year-old man with Down’s syndrome, Ethan Saylor, was watching the movie Zero Dark Thirty in a Frederick County, Maryland cinema with his carer. Ethan fashioned himself as a CIA agent after a character in the film. After the movie, Ethan wanted to view it again, but his carer told him that they had to leave. They walked out of the theater, but not out of the building. When the carer went to get the car, Ethan went back into the theater and the same seat he had occupied before. The three off-duty police security officers heard that someone was in the cinema without purchasing a ticket. They went in and found Ethan. The carer had gotten the car and did not realize that Ethan had gone back inside the cinema. After confronting Ethan about his presence in the cinema without a ticket, they asked him to leave. Ethan told them that he was a CIA agent and would not leave.

At this point, any reasonable person recognizing that Ethan was a Downs syndrome person would have realized that they would have to use another approach in trying to communicate with Ethan. However, the officers put their arms under Ethan’s arms and tried to lift him out of the seat. He cried for his mother but was removed from the theater arrested, handcuffed and restrained. In a short matter of time, Ethan was on the floor face down and not breathing. He subsequently died. His mother, Patti, thought that he had died from some unexplained medical complication, but an autopsy report indicated that his death was a homicide from asphyxiation.

Patti believed that had Ethan been able to respond to the officers’ command he would still be alive, but questioned why officers would intervene physically someone with Down’s syndrome. Officers again showed a lack of information regarding the treatment of a person not in control of his normal or natural reasonable ability but proceeded to treat him as though he was normal. Their actions showed their lack of knowledge and compassion for someone with a mental condition.

The third incident involved law enforcement from Oklahoma City. On September 19, 2017, the police confronted Magdiel Sánchez, a 35-years-old man who was on the porch of his home. The police believed that he was carrying a weapon and did not drop it when they shouted commands for him to do so. During the confrontation with Sánchez, a neighbor shouted to the officers that Sánchez was deaf. Evidently, Sánchez did not hear the police commands. None-the-less, he was shot and killed. He had been holding a small section of piping and was ordered to drop it.

Oklahoma City Police Chief, Bill Citty defended the police action: “Nobody disputes neighbours were yelling that he was deaf,” then added that “He [Sánchez} understood that they were police officers. That’s why we wear uniforms.” In essence, Citty did not accept the fact that Sánchez was deaf and had learning difficulties as a reason for his behavior. According to Citty, his officers were in fear of being hit with the pipe and acted in self-defense. He noted that “It’s our job to be able to respond to situations in a manner which creates the best outcome.” One might as the question whose best outcome? Certainly, it was not the best for Sánchez.

Maqbool, the reporter, road along with Oklahoma City Police Sgt. Corey Nooner who related to him an incident 15 years ago where he shot and killed a woman with schizophrenia. According to Maqbool, “Nooner says that given the same circumstances today, he would do exactly the same thing. ‘I have to make sure I go home to my family at night.” Nooner admitted that he was angered by the suggestion that police may be too ready to use lethal force. The question remains, so why are so many disabled people killed by the police?

If we are to follow the focus of the BBC News story, the answer to the question is ignorance, or a lack of education regarding the mentally ill; insensitivity or a lack of compassion and a failure to see the mentally ill as human being with some difficulties; irrationality, or a lack of reason

other than for the safety and well-being of the police, not the citizen. More training, however, is not an answer, but more and better education could help. The chances are little to none that many Americans saw this story, but rest assured that all of Europe with access to the BBC News saw it.

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