As much as I advocate for law enforcement, there are things that civilians must always remember. I will explain why the "protect and serve" slogan is laughable at best.
Firstly, police officers are not your friends by definition. By strict interpretation of the term, police officers have one purpose and that is to arrest you. It's as simple as that. When a police officer initiates a non-consensual (and often consensual) interaction, they are looking for a reason to take you to jail.
From Wikipedia: "Law Enforcement" broadly refers to any system by which some members of society act in an organized manner to enforce the law by discovering, deterring, rehabilitating or punishing persons who violate the rules and norms governing that society. This is the generally accepted definition of a law enforcement. Nowhere does that definition say anything about being a nice guy, a friendly person, or even do anything for you other than take you to jail. It's no simpler than that.
Along the same lines, court case after court case has shown that police have absolutely no responsibility to protect you from anything. People have tried to sue law enforcement agencies for failing to respond and protect someone. In some cases, people have been killed because police did not respond. Again and again, the courts have said that the police have no legal obligation to protect you. You could be mugged and stabbed repeatedly in front of a cop and he will not have any legal repercussions if he does nothing to stop it.
Gasp! The Andy Griffith Show vision of a police officer isn't true? There is no Officer Friendly? The words "protect" and "serve" do not appear in any legal mandate or job description? Yes, it's all true.
But what does it matter if most cops are generally good guys? Won't they step up and do the right thing? Well, what keeps you from speeding? Is it because it increases your risk of being involved in an accident? Maybe. Is it more because you will get a hefty fine? More likely. You don't generally do illegal stuff because of the possible legal repercussions. It's why we don't rob banks, launder money, or dodge taxes. What if there were no legal repercussions? There would be a lot more illegal stuff happening whether it's morally right or not. That means that a police officer who does not respond to an assault in progress because he doesn't want his coffee to get cold can sit tight till they feel ready to go. The victim may well be dead by then.
Let me say that this "exemption" is absolutely necessary. It would not be a stretch of the imagination to come up with numerous situations in which police could be held liable for circumstances beyond their control. The issue is that it must be broad in order to be useful. Otherwise every unsatisfactory outcome in which police are involved would be subject to review.... a process that would be costly to the taxpayer and add yet another layer of bureaucracy to the legal system.
I'm not trying to bash police officers as bad guys who don't give a rip. I am just trying to explain at a base level what may and may not be expected. The simple solution for a civilian is to be fully aware of all the rules involved. Don't think that just because it seems to be common knowledge that it's true. There are many fallacies portrayed as truth by people who have ulterior agendas, just don't know any better, or cling to a fairy tale view of reality. Wake up each morning with your eyes wide open, challenge preconceived notions, and constantly strive for the truth no matter how unpleasant it might be.
Tuesday, December 30, 2014
Thursday, December 18, 2014
I Can't Breathe!
I can't breathe! Like the shock of lumping into ice cold water, I am having some trouble here. It is quite distressing. Yes, I am referring to the current hysteria over the death of Eric Garner but not in the way you might think.
By now, just about everyone in the United States has heard of this case from New York where Mr. Garner was being arrested. One police officer put him in a choke hold or a head lock (The masses are mostly familiar with only one choke hold: the rear naked choke. There are in fact, many different choke holds). Mr. Garner was taken to the ground and began to yell "I can't breathe" as other officers cuffed him. He lost consciousness at some point and later died. The majority of the incident was caught on multiple cell phone cameras.
The controversy stems from the fact that Mr. Garner was black and the cop who applied the choke hold was white. In addition to him yelling that he could not breathe and that the NYPD (the department involved) had barred the use of choke holds and that there will be no charges against the officer involved. Then there are several other point being brought up to add sympathy points: Mr. Garner was a father and common opinion of him was good and that he was originally being arrested for selling un-taxed cigarettes. Lust like in Ferguson, people are calling foul on the grounds of racism.
Let's take the reactionary emotion out of the picture for a moment and examine some other ideas or facts surrounding the incident.
Fact: Mr Garner was no stranger to the law and had a criminal record that included more than 30 arrests going back almost 30 years and include resisting arrest, grand larceny, and assault. At the time of the incident, he was out on probation for selling un-taxed cigarettes, driving without a license, marijuana possession, and false impersonation. I can't speak to the notion that he was a great guy and father.... he certainly may well have been but he tended to break the law.
Fact: Member of the NYPD cannot use choke holds. Plain and simple. The officer (Daniel Pantaleo) violated policy when he was attempting to subdue Mr. Garner.
Fact: Mr. Garner had heart failure, asthma, and was overweight. All factors included in the official cause of death from an autopsy. He was also 6'3" and weighed 350 lbs.
Fact: The police were contacting Mr. Garner on suspicion that he was again selling un-taxed cigarettes and he became agitated and resisted arrest when an officer tried to take a physical hold.
Fact: The death was ruled as a homicide by the New York Medical Examiner but noted that there was no damage to the windpipe or neck bones.
Fact: A grand jury was convened and after hearing evidence in the case, decided not to indict Officer Pantaleo.
Now let's have a but of discourse on the event. It is a sad day when anyone looses their life. Even sadder when that life didn't have to be lost. My condolences go out to his family and that I am sorry for their loss. I hope they can grieve and heal as best as can be expected after experiencing such devastation. The police officers claim they witnessed Mr. Garner selling cigarettes illegally and that was why there were going to arrest him. I wont argue about the decision to arrest him or whether or not it was the "right" thing to do. The fact of the matter is that they were going to arrest him and any law enforcement officer will tell you that once you have made that decision and communicated it, you must follow through.
Mr. Garner immediately resisted arrest and that was wrong. No one should resist a lawful arrest.... even an unlawful one should only be resisted under a very extreme and precise set of circumstances. Mr. Garner is a huge guy. Those familiar with combatives will attest to the fact that size makes a big difference in a physical encounter even when training and experience does not favor the bigger guy. Guys like that can be very hard to control and can inflict severe damage quickly should they decide to. Officers know that when a suspect is resisting, they must get control quickly because the longer the struggle, the more likely someone will get hurt. At the end of the day, all the officers want to do is go home alive and that thought is foremost in their minds. Grabbing the neck serves two purposes: It can be the target of submission holds and it is a point of leverage on a body. When subjects resist, officers generally take them to the ground where control is easier. If a guy is that tall, pulling him down will be hard especially if he is that heavy and doesn't want to.
I can sympathize with the officers decision to do what he did but don't let that be understood as a claim the he did the right thing. The technique was barred and he should not have done it if only for the reason that he wasn't supposed to. Applied incorrectly, holds of that type can cause internal damage to the neck. He should not have done it. Should he be reprimanded? yes. Should he be punished? Yes. Should he go down for murder? No. Murder has a definition in every state and it varies slightly in it's wording but the concept is the same: Murder is the unlawful killing of a human by another human with malice aforethought. Premeditation is the element missing here. Depending on which definitions, perhaps involuntary homicide would be an appropriate indictment.
Both men made mistakes that day and unfortunately it culminated in Mr. Garners death. If Mr. Garner hadn't resisted arrest, he would probably still be alive today. By the same token if Officer Pantaleo had not used a banned take-down Mr. Garner might still be alive. Both are, in some part, responsible for the death. How much and where is not my place to say. Neither is it the place of protesters, Jesse Jackson, or politicians. It was the place of the grand jury and even though I do not agree with their decision, it is their decision. We must move forward.
To the protesters: Get a grip! Every time someone who is not white dies during a police encounter it is clearly racism. And when the racism card can't be played, its corruption, prejudice, or a culture of violence. As if only blacks, or Latinos know what prejudice feels like. You arrogant, self-important, egotistical, victim playing jackass! Everyone knows what it feels like to be the subject of prejudice. Maybe not because of your race but maybe by your gender, religion, political beliefs, or social status. Please! You are not a member of some poor persecuted group of helplessly innocent and oppressed sufferers. You are American citizens afforded the same rights and responsibilities as anyone else. Yes, there are some bigoted people and life isn't fair; but the system is not out to get you. You should be ashamed of yourselves for making such quick judgement even while the body is still warm. It's morbid but it's the truth.
You want oppression? There are places in this world where people are being hacked apart with machetes because they live in the wrong place, associate with the wrong people, or get accused of crimes such as witchcraft. There are places in this world where children are beat to death, shot, or burned alive because someone wants revenge for perceived wrongdoing by others. There are places in this world where loved ones can be arrested and never seen or heard from again. Never knowing if they are alive or dead. There are places in this world where your genetics or family history could doom you to a life of starvation and poverty. These things are happening now in all corners of the globe.
What you see are the hysterical idiots screaming of injustice without acknowledging any responsibility on the part of the deceased. You see the activists seizing any opportunity to further their cause. You see the political figures making speeches and demands for press coverage and to further their carriers.
What you don't see are the families of officers who were killed because they hesitated, or tried to prevent a dangerous criminal from doing more harm, or by just being in the wrong spot at the wrong time. You don't see the officers that break down weeping because the victim they rendered first aid to and rode with on the ambulance died in the emergency room. You don't see the grief when responding to a fatal wreck caused by a drunk driver. You don't see the look of fear and helplessness in they eyes of a spouse when their world walks out the front door every morning and the prayer that they come back safe. You don't see hurt when officers must walk away from situations they know will turn bad but there is not enough evidence or cause to intervene.
You want to be a victim? Fine. I will not be a victim. I will not blame others for my circumstance. I will not jump to conclusions and then stick to them with the fervor of a Southern Baptist preacher even in the face of incontrovertible facts. Being a victim is the cowards way out.
On the lighter side of things: Chris Rock has a hilarious Educational Video
By now, just about everyone in the United States has heard of this case from New York where Mr. Garner was being arrested. One police officer put him in a choke hold or a head lock (The masses are mostly familiar with only one choke hold: the rear naked choke. There are in fact, many different choke holds). Mr. Garner was taken to the ground and began to yell "I can't breathe" as other officers cuffed him. He lost consciousness at some point and later died. The majority of the incident was caught on multiple cell phone cameras.
The controversy stems from the fact that Mr. Garner was black and the cop who applied the choke hold was white. In addition to him yelling that he could not breathe and that the NYPD (the department involved) had barred the use of choke holds and that there will be no charges against the officer involved. Then there are several other point being brought up to add sympathy points: Mr. Garner was a father and common opinion of him was good and that he was originally being arrested for selling un-taxed cigarettes. Lust like in Ferguson, people are calling foul on the grounds of racism.
Let's take the reactionary emotion out of the picture for a moment and examine some other ideas or facts surrounding the incident.
Fact: Mr Garner was no stranger to the law and had a criminal record that included more than 30 arrests going back almost 30 years and include resisting arrest, grand larceny, and assault. At the time of the incident, he was out on probation for selling un-taxed cigarettes, driving without a license, marijuana possession, and false impersonation. I can't speak to the notion that he was a great guy and father.... he certainly may well have been but he tended to break the law.
Fact: Member of the NYPD cannot use choke holds. Plain and simple. The officer (Daniel Pantaleo) violated policy when he was attempting to subdue Mr. Garner.
Fact: Mr. Garner had heart failure, asthma, and was overweight. All factors included in the official cause of death from an autopsy. He was also 6'3" and weighed 350 lbs.
Fact: The police were contacting Mr. Garner on suspicion that he was again selling un-taxed cigarettes and he became agitated and resisted arrest when an officer tried to take a physical hold.
Fact: The death was ruled as a homicide by the New York Medical Examiner but noted that there was no damage to the windpipe or neck bones.
Fact: A grand jury was convened and after hearing evidence in the case, decided not to indict Officer Pantaleo.
Now let's have a but of discourse on the event. It is a sad day when anyone looses their life. Even sadder when that life didn't have to be lost. My condolences go out to his family and that I am sorry for their loss. I hope they can grieve and heal as best as can be expected after experiencing such devastation. The police officers claim they witnessed Mr. Garner selling cigarettes illegally and that was why there were going to arrest him. I wont argue about the decision to arrest him or whether or not it was the "right" thing to do. The fact of the matter is that they were going to arrest him and any law enforcement officer will tell you that once you have made that decision and communicated it, you must follow through.
Mr. Garner immediately resisted arrest and that was wrong. No one should resist a lawful arrest.... even an unlawful one should only be resisted under a very extreme and precise set of circumstances. Mr. Garner is a huge guy. Those familiar with combatives will attest to the fact that size makes a big difference in a physical encounter even when training and experience does not favor the bigger guy. Guys like that can be very hard to control and can inflict severe damage quickly should they decide to. Officers know that when a suspect is resisting, they must get control quickly because the longer the struggle, the more likely someone will get hurt. At the end of the day, all the officers want to do is go home alive and that thought is foremost in their minds. Grabbing the neck serves two purposes: It can be the target of submission holds and it is a point of leverage on a body. When subjects resist, officers generally take them to the ground where control is easier. If a guy is that tall, pulling him down will be hard especially if he is that heavy and doesn't want to.
I can sympathize with the officers decision to do what he did but don't let that be understood as a claim the he did the right thing. The technique was barred and he should not have done it if only for the reason that he wasn't supposed to. Applied incorrectly, holds of that type can cause internal damage to the neck. He should not have done it. Should he be reprimanded? yes. Should he be punished? Yes. Should he go down for murder? No. Murder has a definition in every state and it varies slightly in it's wording but the concept is the same: Murder is the unlawful killing of a human by another human with malice aforethought. Premeditation is the element missing here. Depending on which definitions, perhaps involuntary homicide would be an appropriate indictment.
Both men made mistakes that day and unfortunately it culminated in Mr. Garners death. If Mr. Garner hadn't resisted arrest, he would probably still be alive today. By the same token if Officer Pantaleo had not used a banned take-down Mr. Garner might still be alive. Both are, in some part, responsible for the death. How much and where is not my place to say. Neither is it the place of protesters, Jesse Jackson, or politicians. It was the place of the grand jury and even though I do not agree with their decision, it is their decision. We must move forward.
To the protesters: Get a grip! Every time someone who is not white dies during a police encounter it is clearly racism. And when the racism card can't be played, its corruption, prejudice, or a culture of violence. As if only blacks, or Latinos know what prejudice feels like. You arrogant, self-important, egotistical, victim playing jackass! Everyone knows what it feels like to be the subject of prejudice. Maybe not because of your race but maybe by your gender, religion, political beliefs, or social status. Please! You are not a member of some poor persecuted group of helplessly innocent and oppressed sufferers. You are American citizens afforded the same rights and responsibilities as anyone else. Yes, there are some bigoted people and life isn't fair; but the system is not out to get you. You should be ashamed of yourselves for making such quick judgement even while the body is still warm. It's morbid but it's the truth.
You want oppression? There are places in this world where people are being hacked apart with machetes because they live in the wrong place, associate with the wrong people, or get accused of crimes such as witchcraft. There are places in this world where children are beat to death, shot, or burned alive because someone wants revenge for perceived wrongdoing by others. There are places in this world where loved ones can be arrested and never seen or heard from again. Never knowing if they are alive or dead. There are places in this world where your genetics or family history could doom you to a life of starvation and poverty. These things are happening now in all corners of the globe.
What you see are the hysterical idiots screaming of injustice without acknowledging any responsibility on the part of the deceased. You see the activists seizing any opportunity to further their cause. You see the political figures making speeches and demands for press coverage and to further their carriers.
What you don't see are the families of officers who were killed because they hesitated, or tried to prevent a dangerous criminal from doing more harm, or by just being in the wrong spot at the wrong time. You don't see the officers that break down weeping because the victim they rendered first aid to and rode with on the ambulance died in the emergency room. You don't see the grief when responding to a fatal wreck caused by a drunk driver. You don't see the look of fear and helplessness in they eyes of a spouse when their world walks out the front door every morning and the prayer that they come back safe. You don't see hurt when officers must walk away from situations they know will turn bad but there is not enough evidence or cause to intervene.
You want to be a victim? Fine. I will not be a victim. I will not blame others for my circumstance. I will not jump to conclusions and then stick to them with the fervor of a Southern Baptist preacher even in the face of incontrovertible facts. Being a victim is the cowards way out.
On the lighter side of things: Chris Rock has a hilarious Educational Video
Friday, December 12, 2014
Are You Kidding Me?
This is an image that has been causing some uproar. Here are the facts: Yes, that is a police officer pointing a gun at protesters in Oakland, California. Clearly he is part of a group of violent, racist, government supported, thugs..... also called Law Enforcement. One reaction on Twitter stated that this image is the perfect example of why citizens and off duty police officers should not be allowed to carry guns. Harsh words indeed. A picture may be worth a thousand words but what those words are is the question.
Allow me to enlighten on the totality of circumstance here. All of what was said above is true. But allow me to add some more detail to what is going on. Two plainclothes police officers were with a group of protesters. It's a common tactic to place plainclothes officers among protesting crowds to keep an eye on things and to get a heads up if the group decides they want to go shut down a freeway. Someone in the crowd recognized one of them as cops. In the moments that followed one of them was struck in the back of the head and began wrestling with the attacker (notice the two guys on the ground? The one on top is the cop trying to subdue the assaulter). As the crowd circles and begins to advance, the other officer produces his baton and show his badge, ordering the crowd to stop. One woman runs forward and kicks the downed officer in the head. The officer then draws his firearm and points it at the crowd and again orders them to stop. This time it works. The crowd backs up and mostly disperses. The man who hit the officer is charged with assault and the woman was not caught.
One caption accompanying this picture on Twitter was "In Oakland, cop pulls gun (not badge) on crowd after being exposed." Really? Are you kidding me? People are buying this shit? Maybe if his badge could shoot laser beams he would have pulled his badge. You can clearly see the baton he drew first in his left hand.... showing his escalation of force. This was not a case of "I don't like these people looking at me so I think I'll threaten them with my trusty, scary gun." Anyone with half a brain would tell you that he should have feared for his life or the life of his partner. The mob mentality is a very dangerous thing. They had already been attacked, the attack was continuing and if not gotten under control, they both could have ended up dead. It happens in other parts of the world on a regular basis.
It seems that there are two sins here that justify the mob: 1. they were cops (clearly not human beings only interested in doing their job and going home to their families). 2. They had guns (we know only evil people carry guns like a talisman channeling orders directly from the devil or their evil corporate masters to kill anyone they can). The only sin I see is the omission of facts by people so blinded with an agenda that every incident is support for their position. Never let facts get in the way of a good story. This sentiment should apply to your glorious college days or the one that got away, not to life and death.
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